ExhibitEXHIBITS
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Projec No.2011 -01
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DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of _, 2011 , by and between
[Name of Contractor) whose place of business is located at
[Address of
Contractor[ ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California
( "City") acting under and by virtue of the authority vested in tie City by the laws of the State of California.
WHEREAS, City, on the day of , 2011 awarded to Contractor the following
Project:
PROJECT NUMBER 2011 -01
2011 JANITORIAL SERVICES
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City
agree as follows:
ARTICLE 1. WORK
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with these
Specifications and all other terms and conditions of the Contract Documents.
ARTICLE 2. AGENCY AND NOTICES TO CITY
2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized
Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's
rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized
Representative(s), or delegate one or more specific functions to one or more specific City's Representatives,
including without limitation engineering, architectural, inspection and general administrative functions, at any
time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all
Contractor obligations to City, including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES
3.1 Contract Time
The Contract Time will commence to run on July 01, 2011. City may give a Notice to Proceed at any time
within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on
which the Contract Time commences to run.
The term of this contract shall be two (2) years frorr, the start date of the contract. The City shall retain the
option to extend the term of the contract on a year -to -year basis not exceeding two (2) years from the
expiration date of the original term, for a possible tctal of four (4) years.
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -1
Project No. 2011 -01
3.2 Liquidated Damages
City and Contractor recognize that time is of the essence of this Contract and that City will suffer
inefficiency in the form of lost production expenses (such as project management and consultant expenses),
if all or any part of the Work is not completed within the times specified above, plus any extensions thereof
allowed in accordance with the Contract Documents. Consistent with Document 00700 (General
Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or
extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of
all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay
Contractor shall pay City:
3.2.1 The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the
Technical Provisions. The Contractor further understands that he shall pay to the City of Cupertino
One Hundred Fifty Dollars ($150.00) per day, for each and every occurrence that a service item
(task as specified in the Technical Provisions) is not completed within the required times per facility.
The Contractor further understand that he shall pay to the City of Cupertino One Thousand Dollars
($1000.00) per day, for each and every occurrence were all the services at a facility were not
completed within the required times per facility. This does not relieve the Contractor from his
responsibilities of completing the required services that were not completed as scheduled. Any
service not completed as scheduled shall be completed as soon as possible and at the Contractor's
expense.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Depar�ment of Fish and Game, and other State and Federal
agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and
endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered
species protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss
of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute
facilities, or damages suffered by others who then seek to recover their damages from City (for example,
delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof.
ARTICLE 4. CONTRACT SUM
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents
as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached
ARTICLE 5. CONTRACTOR's REPRESENTATIONS
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the various City owned buildings and other locations requiring janitorial services and
has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site,
locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and
regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate
to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by
Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document 00320
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -2
Project No. 2011 -01
(Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the
Drawings. Contractor accepts the determination set faith in these Documents and Document 00700 (General
Conditions) of the limited extent of the information contained in such materials upon which Contractor may
be entitled to rely. .Contractor agrees that except for the information so identified, Contractor does not and
shall not rely on any other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance
or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the
Contract Sum, within the Contract Time and in a:cordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no
additional examinations, investigations, explorations., tests, reports, studies or similar information or data are
or will be required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it
has discovered in or among the Contract Documents and as -built drawings and actual conditions and the
written resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified
to conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
ARTICLE 6. CONTRACT DOCUMENTS
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00455 Insurance
Document 00457 Proposed Staffing Schedule
Document 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non - Collusion Affidavit
Document 00482 Bidder Certifications
Document 00505 Notice of Intent to Award.
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -3
Project No. 2011 -01
Document 00821 Insurance
Document 00822 Apprenticeship Program
Document 00850 Technical Conditions
Addenda(s)
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Documents
00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information
supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
ARTICLE 7. MISCELLANEOUS
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City
or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to su(;h liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all
rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), arising frcm purchases of goods, services or materials pursuant to
the public works contract or the subcontract. This assignment shall be made and become effective at the
time City tenders final payment to Contractor, without further acknowledgment by the parties.
7.6 Should any part, term or provision of this Contract or any of the Contract Documents, or any document
required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all
remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated,
impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or
unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract
Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the
greatest extent permitted by applicable law. In the event any provision not otherwise included in the
Contract Documents is required to be included by any applicable law, that provision is deemed included
herein by this reference(or, if such provision is required to be included in any particular portion of the
Contract Documents, that provision is deemed included in that portion).
7.7 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules).
The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties
hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer
any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the
Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title
1, Division 3.6, Part 3, and Chapter 5.
7.8 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and
Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, and Part 18. In addition,
the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management
and Budget Circular A -87. The Contractor agrees that a reference to either Office of Management and
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00520 -4
Project No. 2011 -01
Budget (OMB) Circular A -87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is
applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts
entered into as a result of this contract.
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and
year first above written
2011 CONTRACTUAL JANITORIAL SERVICES
CITY:
CITY OF CUPERTINO, a Municipal Corporation of
the State of California
CONTRACTOR:
[_Contractor's name_]
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Kimberly Smith
Approved as to form by City Attorney:
Title:
[If Corporation: Chairman, President, or Vice President]
City Attorney:
I hereby certify, under penalty of perjury, that David W.
Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City
of Cupertino by a majority vote of the City Council on:
Dated:
David W. Knapp, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
Name: Roger S. Lee
Title: Assistant Director of Public Works
Address: 10555 Mary Ave., Cupertino, CA 95014
Phone: 408 - 777 -3269
Facsimile: 408 - 777 -3399
AMOUNT: $
ACCOUNT NUMBERS:
FILE NO.:
M
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
State Contractor's License No. Classification
Expiration Date
Taxpayer ID No.
Name:
Title:
Address:
Phone:
Facsimile:
NOTARY ACKNOLEDGEMENT IS
REQUIRED. IF A CORPORATION,
CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND
FEDERAL TAX ID ARE REQUIRED. IF NOT A
CORPORATION SOCIAL SECURITY NO. IS
City of Cupertino
2011 Contractual Janitorial Service
DOCUMENT 00520 -5
Project No. 2011 -01
REQUIRED
END OF DOCUMENT
DOCUMENT 00530
INSURANCE FORMS
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED.
FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE
1. Insurance Agreement - Must be signed by Contractor.
2. Certificate of Insurance to the City of Cupertino •. must be completed by the insurance agent or must
provide a certificate on the company's form. They must contain the same information.
3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by
the insurance agent for general liability and automobile liability only.
4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance
per project - must be signed by the insurance agent for general liability only.
5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance
agent for worker's compensation only.
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00530 -1
Project No. 2011 -01
INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to
be insured against liability for worker's compensation or undertake self - insurance in accordance with the
provisions of that Code, and will comply with such provisions before commencing the performance of the
work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its
employees during the progress of the work. The insurer shall waive its rights of subrogation against the City,
the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance,
automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts
required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City '
and shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract
work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles.
Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name
the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as
additional insured on said policies. Insurers must be. licensed to do business in the State of California. The
Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance
with the current Best's Guide Rating or that is otherwise acceptable to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction,
Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverage's and such
certificates shall provide the name and policy number of each carrier and policy and that the insurance is in
force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor
shall maintain all of the foregoing insurance coverage's in force until the work under this Contract is fully
completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for
indemnification of the City by Contractor under this Contract and for the duration of the warranty period.
Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall
maintain in full force and effect during the life of this Contract, the following insurance in amounts not less
than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise
acceptable to the City.
LIMITS
Worker's Compensation
& Employers' Liability
In accordance with the Worker's Compensation
Act of the State of California — Worker's comp
"Statutory" per CA Law; Employers' Liability
$1,000,000 per occurrence.
General Liability - commercial general liability; including Combined single limit of $2.0 million per
provisions for contractual liability, personal injury, occurrence; $4.0 million in the aggregate
independent contractors and products — completed operations
hazard.
Automobile Liability - comprehensive covering owned, non- Combined single limit of $1.0 million per
owned and hired automobiles. occurrence.
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00530 -2
Project No. 2011 -01
II
By:_
(Contractor's Name)
Dated: 20_
CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to the insured named
below and are in force at this time.
Insured:
Address:
Description of operations /locations /products insured (show contract name and/or number, if any):
WORKER'S COMPENSATION * Statutory Min.
* Employers
Liability
(name of insurer)
Insurance Company's State License No.
Check Policy Type:
Each Occurrence
$
COMPREHENSIVE GENERAL
LIABILITY
[ ] Premises /Operations
General Aggregate
$
(if applicable)
[ ] Owners & Contractors
Protective
Aggregate
$
( ] Contractual for Specific
Contract
Personal Injury
$
[ ] Products Liability
[ ] XCU Hazards
[ ] Broad Form P.D.
Fire Damage (any one fire) $
[ ] Severability of Interest
Clause
[ ] Personal Injury with
Medical Expense
$
Employee Exclusion Removed
(any one person)
or
Self - Insured
COMMERCIAL GENERAL LIABILITY
Retention
$
(name of insurer)
Policy No.
Expiration Date
AUTOMOTIVE /VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE
Commercial Form Eac i Person Each Accident
Liability Coverage
Each Accident
City of Cupertino
2011 Contractual Janitorial Services DOCUMENT 00530 -3
Project No. 2011 -01
(name of insurer)
Combined Single Limit
Policy No.
Expiration Date
or
BUILDER'S RISK "ALL RISK"
This is to certify that the following policy has been issued by the below- stated company in conformance with the
requirements of the project documents and is in force at this time.
(Name of insurer)
Policy No. Expiration Date
Limits of Liability: Deductible:
(agent's initial)
Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by
the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document
with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies.
IT IS HEREBY CERTIFIED that the above policy(ies) prcvides liability insurance as required by the Agreement
between the City and the insured.
Dated: 20
Attach Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino
2011 Contractual Janitorial Services
A copy of all Endorsements to the policy(ies) which in any way
limit the above - listed types of coverage are attached to this
DOCUMENT 00530 -4
Project No. 2011 -01
ADDITIONAL INSURED ENDORSEMENT
and
ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number:
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this
Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows:
The City of Cupertino ( "City ") and its directors, officers, engineers, agents and employees, and all public
agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the
State of California, and its officers, agents and employees, are hereby declared to be additional insured under the
terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the
City in connection with the Contract with the City, or acts or omissions of the additional insured in connection with,
but limited to its general supervision or inspection of said operations.
The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the
designated additional insured(s) shall be called upon to cover a loss under said additional policy.
Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in
coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City of Cupertino ( "City "). Such notice shall be addressed to the City as
indicated below.
POLICY INFORMATION
Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement:
Insured:
20
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and
these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
1 (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this
Company.
Signature of Authorized Representative:
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency:
Address:
Title:
Telephone:
Facsimile:
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00530 -5
Project No. 2011 -01
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number:
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this
Endorsement is attached or any other Endorsement attached thereto, it is as follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part of the below -
referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as
POLICY INFORMATION
Insurance Company:
2. Insurance Policy Number:
3. Effective Date of this Endorsement: 20
4. Insured:
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and
this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
1 (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this
Company.
Signature of Authorized Representative:
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency:
Address:
City of Cupertino
2011 Contractual Janitorial Services
Title:
Telephone:
Facsimile:
DOCUMENT 00530 -6
Project No. 2011 -01
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE
Project Title and Number:
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this
Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows:
It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any
right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and
employees by reason of any payment made on account of in including death resulting there from, sustained by
any employee of the insured, arising out of the performance of the above - referenced Contract.
POLICY INFORMATION
Insurance Company:
Insurance Policy Number:
3. Effective Date of this Endorsement:
4.
All notices herein provided to be given by the Insurance Company to the City in connection with this policy and
this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014.
1 (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this
Company.
Signature of Authorized Representative:
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency:
Address:
Title:
Telephone:
Facsimile:
END OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services
F _ DOCUMENT 00530 -7
Project No. 2011 -01
DOCUMENT 00550
NOTICE TO PROCEED
Dated: , 2011
To:
(Contractor)
Address:
CONTRACT FOR:
PROJECT NUMBER 2011 -01
2011 JANITORIAL SERVICES
You are notified that the Contract Time under the aoove Contract will commence to run on JULY 1, 2011.
On that date, you are to start performing your obligations with respect to Work at the Site under the Contract
Documents. In accordance with Article 3 of Document 00520 (Contract), the date of Final Completion for the entire
Work is JUNE 30, 2013.
Before you may start any Work at the Site, you must:
Submit certified Safety Program and related information, and comply with all requests of the City's
safety officer.
2. Attend "start of service" conference.
3. Provide security clearance for each employee providing services to the contract.
4. Provide a complete list of products, including Material Safety Data Sheets that are approved for use.
CITY OF CUPERTINO, a Municipal Corporation of the State; of California
as
Its:
END OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00550 -1
Project No. 2011 -01
DOCUMENT 00610
PERFORMANCE BOND
THIS PERFORMANCE BOND ( "Bond ") is dated is in the penal sum of
Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Janitorial
Services Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1
through 12, attached to this page. Any singular reference to
( "Contractor "), ( "Surety"), the City of Cupertino, a Municipal
Corporation of the State of California ( "City") or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Name
Address
City/State /Zip
CONTRACT:
Name
Principal Place of Business
City/State /Zip
2011 CONTRACTUAL JANITORIAL SERVICES
PROJECT NUMBER 2011 -01
at Cupertino, California.
DATED
20 in the Amount of $
(the "Penal Sum ")
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to City for the complete and proper performance of the Contract, which is
incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Contract, Surety and
Contractor shall have no obligation under this Bond.
3. If there is no City Default, Surety's obligation under this Bond shall arise after:
3.1 City has declared a Contractor Default under the Contract pursuant to the terms of the Contract; and
3.2 City has agreed to pay the Balance of the Contract Sum:
3.2.1 To Surety in accordance with the term:; of this Bond and the Contract; or
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00610 -1
Project No. 2011 -01
3.2.2 To a contractor selected to perform the Contract in accordance with the terms of this Bond and
the Contract.
4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's
expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of City, to perform and complete the Contract (but City may
withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or
4.4, below); or
4.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors; provided, that Surety may not select Contractor as its agent or independent contractor
without City's consent; or
4.3 Undertake to perform and complete the Contract by obtaining bids from qualified contractors
acceptable to City for a contract for performance and completion of the Contract, and, upon
determination by City of the most qualified bidder, arrange for a contract to be prepared for
execution by City and the contractor selected with City's concurrence, to be secured with
performance and payment bonds executed by a qualified surety equivalent to the bonds issued on
the Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the
Contract Sum, then Surety shall pay to City the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and
with reasonable promptness under the circumstances, and, after investigation and consultation with
City, determine in good faith its monetary obligation to City under paragraph 6, below, for the
performance and completion of the Contract and, as soon as practicable after the amount is
determined, tender payment therefore to City with full explanation of the payment's calculation. If
City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future
damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the
amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at
law to enforce Surety's liability under paragraph 6, below.
If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on
this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety
perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available
to City at law or under the Contract including, without limitation, and by way of example only, rights to
perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or
coordinate work with other consultants or contractors.
6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the
Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these
limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the
Contract. Surety's obligations shall include, but are not limited to:
6.1 The responsibilities of Contractor under the Contract for completion of the Contract and correction
of defective work;
6.2 The responsibilities of Contractor under the Contract to pay liquidated damages, and for damages
for which no liquidated damages are spe ;ified in the Contract, actual damages caused by non-
performance of the Contract including, but not limited to, all valid and proper back charges, offsets,
payments, indemnities, or other damages;
6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting
from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's
fees incurred to enforce this Bond).
No right of action shall accrue on this Bond to any person or entity other than City or its successors or
assigns.
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00610 -2
Project No. 2011 -01
8. Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts,
purchase orders and other obligations, including changes of time. Surety consents to all terms of the
Contract, including provisions on changes to the Contract. No extension of time, change, alteration,
modification, deletion, or addition to the Contract Documents, or of the work required there under, shall
release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.
9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction
where a proceeding is pending between City and Contractor regarding the Contract, or in the courts of the
County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located.
Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the
necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise.
10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page
of this Bond), and all notices to City shall be mailed ar delivered as provided in Document 00520 (Contract).
Actual receipt of notice by Surety, City or Contracto , however accomplished, shall be sufficient compliance
as of the date received at the foregoing addresses.
11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted .
here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
12. Definitions.
12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms
of the Contract after all proper adjustments have been made under the Contract, for example,
deductions for progress payments made, and increases /decreases for approved modifications to the
Contract.
12.2 Contract: The contract between City and Contractor identified on the signature page of this Bond,
including all Contract Documents and changes thereto.
12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the Contract including, but not limited to,
"default" or any other condition allowing a termination for cause as provided in Document 00700
(General Conditions).
12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay
Contractor progress payments due under :he Contract or to perform other material terms of the
Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify
Contractor termination of the Contract.
END OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00610 -3
Project No. 2011 -01
DOCUMENT 00615
INSURANCE
A. At or before the date specified in Document 00200 (Instructions to Bidders), Contractor shall furnish to City
satisfactory proof that Contractor has taken out for the entire period covered by the Contract the following
classes of insurance in the form and with limits and deductibles specified below:
1 Comprehensive General Liability Insurance covering claims for personal injury, bodily injury and property
damage arising out of the Work and in a form providing coverage not less than that of a standard
Commercial General Liability Insurance policy ( "Occurrence Form "). Such insurance shall provide for all
operations and include independent contractors, products liability, completed operations for one year after
Final Completion of the last Phase to be completed and acceptance of the final payment for the Work,
contractual liability, and coverage for explosion, collapse and underground hazards. The limits of such
insurance shall not be coverage of less than $2,000,000 each occurrence, $4,000,000 general aggregate limit..
The policies shall be endorsed to provide Broad Form Property Damage Coverage.
2 Comprehensive Automobile Liability Insurance covering all owned, non - owned, and hired vehicles. Such
insurance shall provide coverage not less than the standard Comprehensive Automobile Liability policy with
limits not less than $1,000,000 each person Bodily Injury, $1,000,000 each occurrence Bodily Injury, and
$1,000,000 each occurrence Property Damage.
3.All -Risk Course of Construction Insurance N/A for physical loss or damage to the Work, temporary
buildings, false work, and materials and equipment in transit, and shall insure against at least the following
perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws, water damage, flood,
and damage caused by frost and freezing, in the amount of 100 percent of the completed value of the Work
to be performed under this Contract. Deductible shall not exceed $25,000. Each loss shall be borne by
Contractor.
4 Workers' Compensation Insurance for all persons whom the Contractor may employ in carrying out Work
contemplated under Contract Documents, in accordance with the Act of Legislature of State of California,
known as "Workers' Compensation Insurance and Safety Act," approved May 26, 1913, and all acts
amendatory or supplemental thereto, in the statutory amount, $1,000,000 each occurrence.
B. All policies of insurance shall be placed with insurers acceptable to City. The insurance underwriter(s) must
have an A. M. Best Company rating of A, 7 or better or otherwise acceptable to the City. Required
minimum amounts of insurance may be increased should conditions of Work, in opinion of City, warrant
such increase. Contractor shall increase required insurance amounts upon direction by City.
C. Required Endorsements: The policies required under this Document shall be endorsed as follows:
1. Name the City of Cupertino, a Municipal Corporation of the State of California, its City Council,
and their employees, representatives, consultants (including without limitation Consulting
Engineer), and agents, and Engineers, as additional insured's, but only with respect to liability
arising out of the activities of the named insured.
2. Each such policy shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limit of the insurance company's liability required under this
document and A.3 of this Document 0082 L(Endorsement of Aggregate Limits of Insurance Per
Project)
3. Insurance shall be primary and no other insurance or self - insured retention carried or held by City
shall be called upon to contribute to a loss covered by insurance for the named insured.
4. Insurance shall contain a provision requiring the insurance carriers to waive their rights of
subrogation against City and all additional insured's, as well as other insurance carriers for the
Work.
D. Certificates of insurance and endorsements shall be on forms provided in Document 00530, (Insurance
Forms) have clearly typed thereon City Project Number and title of Contract Documents. Written notice of
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00615 -1
Project No. 2011 -01
cancellation, non - renewal, or reduction in coverage of any policy shall be mailed to City (Attention: Contract
Administration/Inspection) at the address listed in Document (10520 (Contract), 30 Days in advance of the effective
date of the cancellation, non - renewal, or reduction in coverage. Contractor shall maintain insurance in full force and
effect during entire period of performance of Contract Documents, for the following insurance in amounts not less
than the amounts specified. Contractor shall keep insurance in force during warranty and guarantee periods, except
that Contractor may discontinue All -Risk Course of Construction Insurance after Final Payment. At time of making
application for extension of time, and during all periods exceeding the Contract Time resulting from any cause,
Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time.
Upon City's request, Contractor shall submit to City, within 30 Days, copies of the actual insurance policies or
renewals or replacements.
E. Contractor shall pay all insurance premiums, including any charges for required waivers of subrogation or
the endorsement of additional insured's. If Contractor fails to maintain insurance, City may take out
comparable insurance, and deduct and retain amount of premium from any sums due Contractor under
Contract Documents.
F. If injury occurs to any employee of Contractor, Subcontractor or sub - subcontractor for which the employee,
or the employee's dependents in the event of employee's death, is entitled to compensation from City under
provisions of the Workers' Compensation Insurance and Safety Act, as amended, or for which compensation
is claimed from City, City may retain out of sums due Contractor under Contract Documents, amount
sufficient to cover such compensation, as fixed by th Act, as amended, until such compensation is paid, or
until it is determined that no compensation is due. If City is compelled to pay compensation, City may, in its
discretion, either deduct and retain from the Contract Sum the amount so paid, or require Contractor to
reimburse City.
G. Nothing in this Document 00821 shall be construed as limiting in any way the extent to which Contractor or
any Subcontractor may be held responsible for payment of damages resulting from their operations.
H. Except that Subcontractors need to obtain coverage of not less than $2,000,000 each occurrence, $4,000,000
general aggregate limit of Comprehensive General Liability insurance, all Subcontractors shall maintain the
same insurance required to be maintained by Contractor with respect to their portions of the Work, and
Contractor shall cause the Subcontractors to furnish proof thereof to City within ten Days of City's request.
I. The following provisions apply to any licensed professional engaged by Contractor to perform portions of
the Work ( "Professional ").
1. Each Professional shall maintain the following insurance at its sole cost and expense:
A. Provided such insurance is customarily required by City when professionals engaged in the
profession practiced by Professional directly contract with City, Professional Liability
Insurance, insuring against professional errors and omissions arising from Professional's
work on the Project, in an amount not less than $1,000,000 combined single limit for each
occurrence. If Professional cannot provide an occurrence policy, Professional shall
provide insurance covering claims made as a result of performance of Work on this Project
and shall maintain such insurance in effect for not less than two years following Final
Completion of the Project.
B. All insurance required by paragraphs A.1, A.2 and A.4 of this Document 00821.
Professional shall satisfy all other provisions of paragraphs A, B, C, D, E and F of this
Document 00821 relating to that insurance, including without limitation providing required
insurance certificates (containing :he required endorsements) before commencing its Work
on the Project.
C. If required by City, Contractor shall obtain and maintain Contractor's Pollution Legal
Liability Insurance in a form, with limits, and from an insuring entity reasonably
satisfactory to City.
ENE) OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00615 -2
Project No. 2011 -01
DOCUMENT 00650
AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ( "Agreement and Release "), made and entered
into this day of , 2011, by and between the City of Cupertino ( "City"), and (insert
contractors name) ( "Contractor "), whose place of business is at ADDRESS, CITY, CA ZIP CODE.
RECITA
A. City and Contractor entered into Contract P.O. _ (the "Contract ").
B. The Work under the Contract has been completed.
Now, therefore, it is mutually agreed between City and Contractor as follows:
AGREEMENT
Contractor will not be assessed liquidated damages except as detailed in the contract documents:
Original Contract Sum
$ XXXX
Modified Contract Sum
$ XXXX
Payment to Date
$ XXXX
Retention to Date
$ XXXX
Liquidated Damages
$ XXXX
Payment Due Contractor
$ XXXX
Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the
sum of Dollars and — Cents Cents ($ under the Contract, less any amounts withheld
under the Contract or represented by any Notice to Withhold Funds on file with City as of the date
of such payment.
Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in
dispute against City arising from the Contract, except for the claims described in paragraph 4 of this
Document 00650. It is the intention of the parties in executing this Agreement and Release that this
Agreement and Release shall be effective as a full, final and general release of all claims, demands,
actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor
against City, and all if its agents, employees, consultants (including without limitation Consulting
Cupertino), inspectors, representatives, ass ignees and transferees except for the Disputed Claims set
forth in paragraph 4 of this Document 006:10. Nothing in this Agreement and Release shall limit or
modify Contractor's continuing obligations described in paragraph 6 of this Document 00650.
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00650 -1
Project No. 2011 -01
4. The following claims are disputed (hereinafter, the "Disputed Claims ") and are specifically
excluded from the operation of this Agreement and Release:
Claim No. Date Submitted Descript of Claim Amount of Claim
NONE
Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in
consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby
releases and forever discharges City, and all of its agents, employees, consultants, inspectors,
assignees and transferees from any and all liability, claims, demands, actions or causes of action of
whatever kind or nature arising out of or in any way concerned with the Work under the Contract
6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall
remain in full force and effect as specified in the Contract Documents.
Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa
Clara County, its Architect, any of their Representatives, and all of their agents, employees,
consultants, inspectors, assignees and transf -.rees, from any and all claims, demands, actions, causes
of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against
them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them
for any and all labor, materials, supplies and equipment used, or contemplated to be used in the
performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this
Document 00650.
Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as
follows:
A general release does not extend to claims that the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him, must hEive materially affected his settlement
with the debtor.
The provisions of this Agreement and Release are contractual in nature and not mere recitals and
shall be considered independent and severable, and if any such provision or any part thereof shall be
at any time held invalid in whole or in part under any federal, state, county, municipal or other law,
ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the
extent permitted by law, and the remaining provisions of this Agreement and Release shall also
remain in full force and effect, and shall be enforceable.
10. Contractor represents and warrants that it is the true and lawful owner of all claims and other
matters released pursuant to this Agreemem: and Release, and that it has full right, title and authority
to enter into this instrument. Each party represents and warrants that it has been represented by
counsel of its own choosing in connection with this Agreement and Release.
11. All rights of City shall survive completion of the Work or termination of the Contract, and
execution of this Agreement and Release.
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00650 - 2
Project No. 2011 -01
* * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * *
THE CITY OF CUPERTINO,
a Municipal Corporation of the State of California
By:
Its:
ATTEST:
City Clerk
ICONTRACTORI
By:
Name:
Its:
By:
Name:
Its:
REVIEWED AS TO FORM:
City Attorney
20
Date
END OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00650 -3
Project No. 2011 -01
DOCUMENT 00660
Substitution Request Form
To: The City of Cupertino,
A Municipal Corporation of the State of California ( "City")
Project: 2011 CONTRACTUAL JANITORIAL SERVICES
Contractor:
Subcontractor /Supplier:
Drawing Sheet Reference/Detail No:
The undersigned Bidder submits for consideration the following equipment instead of the specified item for the above
project:
Section Paragraph Specified Item
Proposed
The undersigned encloses the information required herein. If this Document 00660 is being submitted by a Bidder
wishing to use "or equal" item(s) as provided in Document 00200 (Instructions to Bidders), the undersigned Bidder
must also enclose the technical information (other than cost) otherwise required for a post -Award of Contract Request
for Substitution ( "RFS ") under Section 00700 (General Conditions). However, If this Document 00660 is being
submitted under provisions of Contract Documents after Award of Contract, the undersigned Contractor must include
all information required under Section 00700 (General Conditions).
The undersigned has (a) attached manufacturer's literature., including complete technical data and laboratory test
results, if applicable, (b) attached an explanation of why proposed substitution is a true equivalent to specified item,
(c) included complete information on changes to Drawings and Specifications that the proposed substitution will
require for its proper installation, and (d) filled in the blanks below:
A. Are the manufacturer's guarantees and warranties on the proposed substitution items identical to those on the
specified items? If there are differences, please specify each and every difference in detail.
B. What effect does the substitution have on other contractors, trades, or suppliers?
City of Cupertino
2011 Contractual Janitorial Services
Addendum No. 1 (April 26, 2011)
00660-1 Substitution Request Form
Project No. 2011 -01
C. What are the differences between the proposed substitution and the specified item? If proposed substitution
has a color or pattern, provide a color board showing; proposed substitution in relation to the other adjacent
colors and patterns.
D. Will granting the requested substitution cause any schedule delay? (If yes, please explain)
The undersigned Bidder certifies that the function, appearance, and quality of the proposed substitution are equivalent
or superior to those of the specified item.
Submitted by:
For Use by City:
Bidder /Contractor
[note applicable] Accepted Accepted as Noted
Not Accepted Received Too Late
Signature
Name
Address
City /State /Zip
Telephone:
Date:
By:
City's Representative
Date:
Remarks:
END OF DOCUMENT
City of Cupertino
2011 Contractual Janitorial Services
Addendum No. 1 (April 26, 2011)
00660 - 2
Substitution Request Form
Project No. 2011 -01
DOCUMENT 00700
GENERAL CONDITIONS
TABLE OF CONTENTS
SECTION PAGE
SECTION 1.
INTERPRETATION OF CONTRACT
700 -34
4.2
Abbreviations and Definitions
700 -4
1.1
Precedence of Contract
700 -12
1.2
Clarification of Contract
700 -12
1.3
Contract Documents Complementary
700 -12
1.4
Contract Interpretation
700 -13
1.5
State Specifications
700 -13
1.6
Conflicts Involving State Specifications
700 -13
SECTION 2.
BONDS AND INSURANCE
700 -39
2.1
Security Clearance
700 -13
2.2
Contractor's Insurance
700 -13
2.3
Contractor's Bonds
700 -14
SECTION 3.
SCOPE OF WORK
3.1
Work to be Done
700 -14
3.2
Cleaning
700 -14
3.3
Change in Work
700 -15
3.4
Change in Contract Price
700 -20
3.5
Change in Contract Time
700 -25
3.6
Changed Site Conditions
700 -26
3.7
Cost Reduction Incentive
700 -27
3.8
Dust Control
700 -28
3.9
Excavation Safety Plans
700 -28
3.10
Asbestos - Related Work
700 -28
3.11
Substitutions
700 -28
3.12
Hazardous Materials / Waste
700 -30
3.13
Inert Solids and Plant Materials Recycling
700 -30
3.14
Storm Water Pollution Control
700 -31
SECTION 4. CONTROL OF WORK
4.1
Authority of City of Cupertino
700 -34
4.2
Submittals
700 -34
4.3
Conformity with Contract Documents and Allowable Deviations
700 -38
4.4
Order of Work
700 -38
4.5
Drawings and Data to be Furnished by City
700 -38
4.6
Superintendence
700 -39
4.7
Character of Workers
700 -39
4.8
Layout of Work and Surveys
700 -39
4.9
Warranty and Inspection
700 -39
4.10
Defective and Unauthorized Work
700 -40
4.11
Construction Equipment and Plant
700 -40
4.12
Substantial Completion, Final Completion and Final Acceptance
700 -40
City of Cupertino
2011 Contractual Janitorial Service
DOCUMENT 00700 -1
Project No. 2011 -01
SECTION 5. CONTROL OF MATERIALS
5.1
Source of Supply and Quality of Materials
700 -40
5.2
City- Furnished Materials
700 -41
5.3
Storage of Materials
700 -41
5.4
Defective Materials
700 -41
5.5
Plant Inspection
700 -42
5.6
Certificates of Compliance
700 -42
5.7
State Specification Numbers
700 -42
5.8
Testing
700 -42
SECTION 6. LEGAL RELATIONS AND RESPONSIBILITY
6.1
Laws to be Observed
700 -42
6.2
Labor Discrimination
700 -42
6.3
Employment of Labor
700 -42
6.4
Prevailing Wages
700 -42
6.5
Hours of Labor and Work
700 -43
6.6
Apprentices
700 -43
6.7
Permits and Licenses
700 -43
6.8
Patents and Copyrights
700 -43
6.9
Public Safety and Traffic Control
700 -43
6.10
Accident Prevention
700 -43
6.11
Explosives and Stream Pollution
700 -44
6.12
Fire Protection Plan
700 -44
6.13
Interference with Fire Hydrants. Highways and Fences
700 -44
6.14
Preservation of Property
700 -44
6.15
Contractor's Responsibility for Work
700 -44
6.16
Indemnification
700 -44
6.17
Payment of Taxes
700 -45
6.18
Cooperation with Others
700 -45
6.19
Property Rights in Materials
700 -45
6.20
Rights in Land and Improvements
700 -46
6.21
Title to Materials Found on the Work
700 -46
6.22
Trespass
700 -46
6.23
Subcontracting
700 -46
6.24
Tunnel Construction Safety
700 -47
6.25
Cultural Resources
700 -47
6.26
Sound Control
700 -47
6.27
Site Security
700 -47
6.28
Public Facilities
700 -47
6.29
Legal Actions Against the City
700 -47
6.30
Limit of Liability
700 -47
SECTION 7. PROSECUTION AND PROGRESS OF WORK
7.1
Assignment
700 -48
7.2
Notice to Proceed
700 -48
7.3
Commencement of Work
700 -48
7.4
Work Progress Schedule
700 -48
7.5
Temporary Suspension of Work
700 -48
7.6
Liquidated Damages
700 -48
7.7
Termination of Control
700 -49
7.8
Termination of Contract for Cause
700 -49
7.9
Termination of Contract for Convenience
700 -49
City of Cupertino
2011 Contractual Janitorial Services
DOCUMENT 00700 -2
Project No. 2011 -01
7.10
Contractor's Cost Data
700 -51
7.11
Coordination with Utilities
700 -52
7.12
Temporary Facilities
700 -52
7.13
Project Record Documents
700 -52
7.14
Preconstruction Conference
700 -52
7.15
Weekly Progress Meeting
700 -52
7.16
Right of Way Delays
700 -52
SECTION 8.
MEASUREMENT AND PAYMENT
8.1
Measurement of Quantities
700 -53
8.2
Deductions from Payments
700 -53
8.3
Progress Payment
700 -53
8.4
Final Payment
700 -53
8.5
Scope of Payment
700 -53
8.6
Substitution of Securities in Lieu of Retention
700 -54
8.7
Effect of Payment
700 -54
SECTION 9. CLAIMS BY CONTRACTOR
9.1
General
700 -54
9.2
Procedures
700 -55
9.3
Claim Format
700 -56
9.4
Mediation
700 -56
9.5
Exclusive Remedy
700 -56
END OF TABLE OF CONTENTS
City of Cupertino
2011 Contractual Janitorial Servirpq
DOCUMENT 00700 -3
Project No. 2011 -01
ABBREVIATIONS AND DEFINITIONS
Whenever in these Specifications and other Contract Documents the following abbreviations and terms or pronouns in
place of them are used, the intent and meaning shall be interpreted as follows:
ABBREVIATIONS -- General
AA
Aluminum Association
AAN
American Association of Nurserymen
AAP
Affirmative Action Program
AASHTO
American Association of State Highway and Transportation Officials
ACI
American Concrete Institute
AISI
American Iron and Steel Institute
AIEE
American Institute of Electrical Engineers
AISC
American Institute of Steel Construction
AISI
American Iron and Steel Institute
ANSI
American National Standards Institute
APA
American Plywood Association
APHA
American Public Health Association
API
American Petroleum Institute
AREA
American Railway Engineering Association
ASCE
American Society of Civil Engineers
ASHRAE
American Society of Heating, Refrigerating and Air Conditioning Engineers
ASME
American Society of Mechanical Engineers
ASTM
American Society of Testing and Materials
AWG
American Wire Gage
AWPA
American Wood- Preservers' Association
AWS
American Welding Society
AWWA
American Water Works Association
BAAQMD
Bay Area Air Quality Management District
CAEPA
California Environmental Protection Agency
Cal /OSHA
California Occupational Safety and Health Administration
Caltrans
State of California, Department of Transportation
CBC
California Building Code
CCD
Construction Change Directive
CCR
California Code of Regulations
CEC
California Electric Code
CFR
Code of Federal Regulations
CIH
Certified Industrial Hygienist
CLMFI
Chain Link Fence Manufacturers Institute
CO
Change Order
CPM
Critical Path Method
CPUC
California Public Utilities Commission
CRSI
Concrete Reinforcing Steel Institute;
CS
Commercial Standards, U.S. Depar ment of Commerce
DHS
California Department of Health Services
DSA
Division of State Architect (former'.y known as the Office of the State Architect)
EIA
Electronic Industries Association
EPA
Environmental Protection Agency
FS
Federal Specifications
HSC
California Health and Safety Code
I.D.
Identification
IEEE
Institute of Electrical and Electronics Engineers
IES
Illuminating Engineering Society
JATC
Joint Apprenticeship Training Committee
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -4
Project No. 2011 -01
JV
Joint Venture
LBE
Local Business Enterprise
M.I.
Middle Initial
M /WBE
Minority and/or Woman -Owned Business Enterprise
MBE
Minority Business Enterprise
MIA
Masonry Institute of America
MSDS
Material Safety Data Sheet
NBS
National Bureau of Standards
NEC
National Electric Code
NEMA
National Electrical Manufacturers A:3sociation
NESC
National Electrical Safety Code
NIOSH
National Institute for Occupational Safety and Health
NIST
National Institute of Science and Technology (formerly the National Bureau of Standards)
NFPA
National Fire Protection Association
NSF
National Sanitation Foundation
OSHA
Occupational Safety and Health Administration
OSHPD
Office of Statewide Health Planning and Department
PCA
Portland Cement Association
PCI
Prestressed Concrete Institute
PG &E
Pacific Gas and Electric Company
PM
Preventive Maintenance
PR
Proposal Request
PS
Product Standard, U. S. Department of Commerce
RFI
Request for Information
RFIR
Request for Information Reply
RFP
Request for Proposals
RFS
Request for Substitution
RWQCB
California Regional Water Quality Control Council
SAE
Society of Automotive Engineers
SFM
State of California, Office of State Fire Marshal
SJI
Steel Joint Institute
SSPC
Steel Structures Painting Council
SWRCB
California State Water Resources Control Council
TIE
Time Impact Evaluation
UBC
Uniform Building Code
UFC
Uniform Fire Code
UL
Underwriters Laboratories
UMC
Uniform Mechanical Code
UPC
Uniform Plumbing Code
USA
Underground Service Alert
USC
United States Code
WCLIB
West Coast Lumber Inspection Bureau
USEPA
United States Environmental Protection Agency
WCLB
West Coast Lumber Inspection Bureau
WWPA
Western Wood Products Association
ABBREVIATIONS —in Specifications
AWG
American Wire Gauge
Accord
Accordance
Co.
Company
Corp.
Corporation
cm.
centimeter (centimeters)
CU.
Cubic
Div.
Division
dia.
Diameter
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -5
Project No. 2011 -01
EA
each
ft.
foot (feet)
g. /gr.
gram (grams)
gal.
gallon (gallons)
gpd
gallons per day
gpM
gallons per minute
hr.
hour
kg.
kilogram (kilograms)
in.
inch (inches)
Inc.
Incorporated
km.
kilometer (kilometers)
Kw
Kilowatt
LS
lump sum
1.
liter (liters)
lbs.
pounds
M/m
meter (meters)
Mfg.
manufacturing
Mg.
milligram (milligrams)
ml. /mis.
milliliter (milliliters)
MM.
millimeter (millimeters)
M
square meter
m 3
cubic meter
No.
number
O.C.
on centers
O.D.
outside diameter
Psi
pounds per square inch
Psf
pounds per square foot
sq.
square
T & G
tongue and groove
tonne
metric ton (1000 kg.)
U.S.
United States
y d,
yard (yards)
SYMBOLS in Specifications
(for consideration
"shall be" or "shall" - where used within sentences or paragraphs
#1
Number
1#
Pound
&
And
Percent
C
Centigrade
F
Fahrenheit
/
Degree
per, except where used to combine words; example: power /fuel, in that case it means and
inch (inches)
foot (feet)
@
At
SYMBOLS in Drawings
As indicated therein.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -6
Project No. 2011 -01
DEFINITIONS
Acceptance: The formal written acceptance by City of a contract that has been completed in all respects in accordance
with the Drawings and Specifications and any modifications thereof previously approved.
Addendum or Letter of Clarification: A change in the Specifications or Drawings issued prior to the opening of Bids.
Agency: City.
Alternate: Work added to or deducted from the Base Bid, if accepted by City.
Application for Payment: Written application for monthly or periodic progress or final payment made by Contractor
complying with the Contract Documents.
Approved, Directed, Ordered, or Required. Whenever these words or their derivatives are used, it is the intent, unless
otherwise clearly stated, that approval or direction by City is indicated.
Approved Equal: Approved in writing by City as being of equivalent quality, utility and appearance.
Asbestos: Any material that contains more than one percent asbestosis and is friable or is releasing asbestos fibers
into the air above current action levels established by OSHA or Cal /OSHA.
Attorney or Attorney General: The attorney selected by City.
Bid. The offer or proposal of the Bidder submitted on the proscribed forms setting forth the prices for the Work to be
performed.
Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the Work
contemplated, acting directly or through a duly authorized representative.
Bidding Documents: All documents comprising the Project Manual (including all documents and specification
sections listed on Document 00010 [Table of Contents]), including documents supplied for bidding purposes only
and Contract Documents.
Board or Council: City's governing body, its City Council.
Business Day: Same as a Calendar Day.
By City: Work that will be performed by City or its agents at the City's expense.
By Others: Work that is outside scope of Work to be performed by Contractor under this Contract, which will be
performed by City, other contractors, or other means.
Calendar Day: Any Day of the year, without exception.
Change Order: A written instrument prepared by City and signed by City and Contractor, stating their agreement
upon all of the following:
a. a change in the Work;
b. the amount of the adjustment in the Contract Sum, if any; and
C. the amount of the adjustment in the Contract Time, if any.
Certified Hazardous Materials Testing Laboratory: A laboratory certified by the California Department of Health
Services to perform specific chemical and physical analysis for hazardous materials.
Certified Industrial Hygienist: A professional who is certified by the American Council of Industrial Hygienists as
trained to evaluate safety and health hazards and determine safety measures necessary for personnel working under
hazardous conditions.
Chief Engineer: The Program Manager selected by City.
City: City of Cupertino, , a Municipal Corporation of the State of California.
City- Furnished, Contractor- Installed: Items furnished by City at its cost for installation by Contractor at its cost
under Contract Documents.
City's Representative(s): See Document 00520 (Contract).
Claim: As defined in Section 9 of this Document 00700.
Code: Codes of the State of California, including but not limited to, Government Code, Labor Code, etc.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -7
Project No. 2011 -01
Concealed: Work not exposed to view in the finished Work, including within or behind various construction
elements.
Contract: (Document 00520): Contract is the basic agreement document that binds the parties to janitorial Work.
Contract defines relationships and obligations between City and Contractor and by reference incorporates Standard
Provisions, Special Provisions, Drawings and Specifications and contains Addenda and all Modifications subsequent
to execution of Contract Documents.
Construction Change Directive (CCD): A letter, signed by the City's Director of Public Works, or his designated
representative, directing the Contractor to proceed with additive or deductive changes to the contract when that Work
or its value is contested by the Contractor. The Work, as directed by a Construction Change Directive, will be
completed under the terms of Force Account as explained in Document 00700, General Conditions.
Construction Equipment: Equipment used for the performance of Work but not incorporated into the project.
Construction Manager: See Document 00520 (Contract) (if this term is used).
Consulting Engineer: See Document 00520 (Contract) (if this term is used).
Contract or Contract Documents: The written agreement between Contractor and City consisting of the Contract
Documents as defined in the Document 00520 (Contract).
Contract Modification: Either:
a. a written amendment to Contract signed by Contractor and City; or
b. a Change Order.
Contract Prices: The prices for the Work set forth in the Contract. Contract Price (or Contract Sum) shall mean the
aggregate price for all Work set forth in the Contract.
Contract Sum: The sum stated in the Contract and, including authorized adjustments, the total amount payable by
City to Contractor for performance of the Work and the Contract Documents. The Contract Sum is also sometimes
referred to as the Contract Price or the Contract Amount.
Contract Time: The number of days for Substantial Completion and/or Final Completion the Work including any
milestones specifically identified in the Contract.
Contractor: The entity or person entering a contract with City.
Contractor's Employees: Persons engaged in execution of Werk under Contract as direct employees of Contractor,
as Subcontractors, or as employees of Subcontractors.
Controlling Item of Work: Any feature or combination of features of the Work, which if delayed, will delay the time
of completion of a contract. Also known as critical work or critical path work.
County: The County of Santa Clara, State of California.
Day: One calendar day of 24 hours measured from midnight to the next midnight, unless the word "day" is
specifically modified to the contrary.
Defective: An adjective which, when modifying the word "Work," refers to Work that is unsatisfactory or unsuited
for the use intended, faulty, or deficient, that does not conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the Contract Documents (including
but not limited to approval of samples and "or equal" items), or has been damaged prior to final payment (unless
responsibility for the protection thereof has been assumed by City). City is the judge of whether Work is defective.
Department: City.
Director or Director of the Department of Transportation: City's City Public Works Director.
District: City.7
Division: City.
Drawings: The official drawings, Working drawings, detail drawings, and supplemental drawings, or reproductions
thereof, which show the location, character, dimensions, and details of the Work to be done, and which are to be
considered as part of the Contract.
Engineer or Engineer of the Department of Transportation: City of Cupertino and any designated person or entity
by City
Equal. Equal in opinion of City. Burden of proof of equality is responsibility of Contractor.
City of Cupertino
2011 Contractual
Janitorial Services
Addendum No. 2
DOCUMENT 00700 -8
/A.i —'I ')nl IN
Project No. 2011 -01
Equipment: Equipment incorporated or to be incorporated into the project.
Exposed: Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other
construction elements.
Field Authorization (FA): An authorization issued by City to Contractor to allow additive or deductive work to
proceed when Change Order process time may delay the Work.
Final Acceptance: City's acceptance of the Work as saysfactorily completed in accordance with Contract
Documents.
Final Completion: Shall be achieved when the entire work is complete, except for minor punch list items, as
determined by City.
Fixed Costs: Any necessary labor, material, and equipment costs directly expended on the item or items under
consideration, which remain constant regardless of the quantity of Work done.
Force Account: Work directed to be performed without prior agreement as to lump sum or unit price cost thereof,
and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for
overhead and profit.
Furnish: Supply only, do not install.
Hazardous Material. (A) Any substance, product, waste or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to any federal, state or local statute, law, ordinance, resolution, code,
rule, regulation, order or decree regulating, relating to, or imposing liability (including, but not limited to response,
removal, and remediation costs) or standards of conduct or performance concerning any hazardous, toxic, explosive,
corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or as otherwise dangerous waste, substance or
material; (B) any substance, product, waste, or other material of any nature whatsoever whose presence in and of itself
may give rise to liability under any of the above statutes or under any statutory or common law theory based on
negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of a state or
federal court; (C) any substance without limitation, which contains petroleum or crude oil, including but not limited
to, petroleum and petroleum products.
Hazardous Waste: Any substance or material, as defined in the California Hazardous Waste Control Act, Health and
Safety Code Section 25, or the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.
Indicated: Shown or noted on the Drawings.
Install: Install or apply only, do not furnish.
Laboratory: The independent testing organization or organizations selected by City.
Latent: Not apparent by reasonable inspection, including but not limited to, the inspections and research required
as a condition to bidding under the General Provisions.
Law: Unless otherwise limited, all applicable laws including; without limitation all federal, state, and local laws,
statutes, standards, rules, regulations, ordinances, and judicial and administrative decisions
Liquidated Damages: The amount stated in Document 00520 ( Contract), to be paid to City or to be deducted from
any payments due or to become due Contractor as provided in the Contract Documents.
Material: This word shall be construed to embrace machinery, manufactured articles, materials of construction
(fabricated or otherwise), and any other classes of material to be furnished in connection with Contract, except
where a more limited meaning is indicated by context.
Milestone: A principal event specified in Contract Documents relating to an intermediate completion date or time
prior to Substantial Completion of all Work.
Modification: Same as Contract Modification.
Not in Contract: Work that is outside the scope of Work to be performed by Contractor under Contract Documents
— shown as NIC.
Notice of Completion: Shall have the meaning provided in California Civil Code Section 3093, and any successor
statute.
Off Site: Outside geographical location of the Project.
Northern Region: City.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -9
Project No. 2011 -01
Office of Materials and Foundations: Laboratory.
Office of Structure Design: When specifications require working drawings to be submitted to the Office of Structure
Design, the drawings shall be submitted to the Resident Engineer.
Owner: City.
Partial Utilization: Use by City of a substantially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion of all of the Work.
PCBs: Polychlorinated byphenyls.
Personnel Protection: Equipment and procedures, which minimize human exposure to regulated materials, hazardous
materials, hazardous wastes, or unsafe situations.
Phase: A specified portion of the Work (if any) specifically identified as a Phase in Document 00520 (Contract).
Plans, Construction Plans: The Drawings.
Product Data: That information (including brochures, catalogue cuts, MSDS, etc.) supplied by the vendor
describing the technical and commercial characteristics of the supplier equipment or materials, and accompanying
commercial terms such as warranties, instructions and manuals.
Progress Report: A periodic report submitted by Contractor to City with progress payment invoices accompanying
actual work accomplished to the Progress Schedule. See Document 00700 (General Conditions).
Project: Contractual Janitorial Services
Project Float: Neither City nor Contractor owns float. The Project owns the float. As such, liability for delay of any
Substantial Completion or Final Completion date rests with the party whose actions, last in time, actually cause delay
to a Substantial Completion or Final Completion date.
A. For example, in the event of unexcused delay by Party A and Party B, and if Party A uses some, but not all
of the float and Party B later uses remainder of the float as well as additional time beyond the float, Party B
shall be liable for the time that represents a delay to the Substantial Completion date.
B. Under this scenario, Party A would not be responsible for the time since it did not consume all of the float
and additional float remained; therefore, the Substantial Completion Date was unaffected.
Project Manual: Project Manual consists of Bidding Requirements, Contract, Bonds, Certificates, Standard
Provisions and Special Provisions, and Specifications.
Project Record Documents: All Project deliverables required under Section 00700, including without limitation,
as -built drawings, operations and maintenance manuals Installation, Operation, and Maintenance Manuals, and
Machine Inventory Sheets.
Provide: Furnish and install.
Reasonable Accuracy: Within the tolerances as shown on the Drawings or indicated in the Specifications.
Regulated Material: Any substance or combination of substances for which federal, state, or local regulations require
special management, storage, disposal or handling practices. This shall include, but not be limited to, materials
defined as: Hazardous Materials and Waste; Designated Wastes (CCR, Title 23, Section 23- 2522); and Special Waste
(CCR, Title 22, Section 22- 66195).
Request for Information ( "RFI "): A document prepared by Contractor requesting information regarding the Project
or Contract Documents. The RFI system is also a means for City to submit Contract Document clarifications or
supplements to Contractor.
Request for Proposals ( "RFP'): A document issued by City to Contractor whereby City may initiate changes in the
Work or Contract Time as provided in Contract Documents.
Request for Substitution ( "RFS "): A document prepared by Contractor requesting substitution of materials as
permitted and to the extent permitted in Contract Documents.
RFI - Reply: A document consisting of supplementary details, instructions, or information issued by City that clarifies
or supplements Contract Documents, and with which Contractor shall comply. RFI- Replies do not constitute changes
in Contract Sum or Contract Time except as otherwise agreed in writing by City. RFI- Replies will be issued through
the RFI administrative system.
City of Cupertino
2011 Contractual DOCUMENT 00700 -10
Janitorial Services
Addendum No. 2
AAA- 7 ')Al 11
Project No. 2011 -01
Remediation: Restoration of the contaminated soil, groundwate , or other materials to its pre- contaminated level or to
a level acceptable to City and local, state and federal agencies.
Resident Engineer: Authorized representative for the City. Also identified as Engineer.
Responsible Bidder: A bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness,
capacity, and experience to satisfactorily perform the Work.
Samples: Physical examples of materials, equipment, or workmanship that is representative of some portion of the
Work and which establish the standards by which such portion of the Work will be judged.
Section: A numbered portion of a title section of the Specifications.
Shop Drawings: All drawings, diagrams, illustrations, scheduli:s and other data or information which are specifically
prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
Shown: As indicated on Drawings.
Site: The particular geographical location of Work performed pursuant to Contract Documents.
Specifications: The directions, provisions and requirements contained in the Contract Documents, including but not
limited to, the State Specifications, Special Provisions, and Technical Provisions.
Standard Plans: The Standard Plans, Metric, of the State of California Department of Transportation, July 2004.
State: City.
State Furnished Materials: Materials furnished by City.
State of California: City except where in the context of the Contract Documents it is clear the reference is to the
State of California.
State Specifications (or Standard Specifications): See Section 1.05 in this Document 00700.
Special Conditions or Special Provisions: Document 00800 ( Supplemental General Conditions) and Document
00805 (Supplemental Conditions — Hazardous Materials) (if included).
Standard Provisions: Document 00700 (General Conditions)
Subcontractor: An entity or person contracting with Contractor or another subcontractor to perform any portion of
Work.
Substantial Completion: The Work (or a specified part thereof) has progressed to the point where, in the opinion of
City as evidenced by a Certificate of Substantial Completion and can be utilized for the purpose for which it is
intended.
Supplemental Instruction: A written directive from City to Contractor ordering alterations or modifications that do
not result in change in Contract Sum or Contract Time, and do not substantially change Drawings or Specifications.
Supplier/Vendor: A person or entity that has a direct contract with the Contractor or a Subcontractor to provide,
fabricate, deliver or install materials, products or assemblies.
Technical Provisions: Provisions and or clauses specific to the Work of the Project, generally found in Sections 10
thru 95 of the State Specifications.
Testing and Special Inspection Agency: An independent entity engaged by City to inspect and/or test the
workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if such
construction complies with the Contract Documents and applicable codes.
Ton: 2,000 pounds avoirdupois.
Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities that have been installed underground to
furnish any of the following services or materials: Electricity, gases, chemicals, steam, liquid petroleum products,
telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or
water.
Unit Price Work: Shall be the portions of the Work for which a unit price is provided in Document 00520 (Contract).
Work: The entire completed services of the Work or of the various separately identifiable parts thereof required to be
furnished under the Contract Documents within the Contract Time. Work includes and is the result of performing or
furnishing administrative services, labor and professional services, furnishing and incorporating materials and equipment
into the services, and performing or furnishing services and furnishing documents, all as required by the Contract
City of Cupertino
2011 Contractual
Janitorial Services DOCUMENT 00700 -11
Addendum No. 2
Project No. 2011 -01
Documents including the Specifications. Wherever the word "work" is used, rather than the word "Work ", it shall be
understood to have its ordinary and customary meaning.
Work Day: All Days, specifically modified to the contrary.
Wherever words "as directed," "as required," "as permitted," or words of like effect are used, it shall be understood
that direction, requirements, or permission of City is intended. Words "sufficient," "necessary," "proper," and the
like shall mean sufficient, necessary, or proper in judgment of City. Words "approved," "acceptable," "satisfactory,"
"favorably reviewed," or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or
favorably reviewed by City.
Wherever the word "may" or "ought" is used, the action to which it refers is discretionary. Wherever the word
"shall" or "will" is used, the action to which it refers is mandatory.
SECTION 1. INTERPRETATION OF CONTRACT
1.1 Precedence of Contract
In resolving conflicting requirements between the Contract Documents order of precedence shall be as
follows:
A Change orders
B Addenda or Letters of Clarification
C Document 00520 (Contract)
D Special Conditions
E Technical Specifications
F Drawings
G General Conditions
H State Specifications
I State Standard Plans
With reference to the Drawings:
A Figures govern over scaled dimensions
B Detail drawings govern over general drawing's
1.2 Clarification of Contract
Should it appear that the work to be done or any of the matters relative thereto is not sufficiently detailed or
explained in the Specifications or on the Drawings, or if Contractor discovers during the course of the Work
any discrepancies between the Contract Drawings and conditions in the field, or any errors or omissions in
the Contract or in the layout given by stakes, points, or instructions, the bidder or Contractor shall apply in
writing to City for such further explanations as may be necessary and shall conform to them as part of the
Contract. Any work done after such discovery until authorized by City, will be done at Contractor's risk.
All corrections of readily apparent errors or omissions in the Contract may be made by City when such
corrections are necessary for the proper fulfillment of their intention as construed by City. The
misplacement, addition, or omission of any word, letter, figure, or punctuation mark which has no
substantive legal effect will in no way change the due spirit, intent, or meaning of Contract.
1.3 Contract Documents Complementary
Any part of the Work not shown on the Drawings or described in these Specifications but which is
reasonably or ordinarily implied by either, shall be furnished and installed by Contractor as if fully
City of Cupertino
2011 Contractual
Janitorial Services
Addendum No. 2 DOCUMENT 00700 -12
Project No. 2011 -01
described in these Specifications and shown upon the Drawings. All disputes shall be administered under
Section 9 herein.
1.4 Contract Interpretation
In the event of any doubt or questions arising respecting the true meaning of the Contract, reference shall be
made in writing to City, whose decision thereon shall be final.
1.5 State Specifications
Not applicable
1.6 Conflicts Involving State Specifications
Not applicable
SECTION 2. SECURITY CLEARANCE, BONDS AND INSURANCE
2.1 Security Clearance
i. All personnel assigned to work in the City of Cupertino must have successfully passed a
background check.
ii. At least two (2) weeks prior (needed to allow completion of a security background clearance check)
to an employee being assigned to work, they must provide one (1) a valid California identification
and (2) finger prints to be taken by Santa Clara County Sheriff. No employee who fails the security
clearance shall be admitted on the premises. Cost of background check shall be borne by
Contractor in the amount of $42.00 per employee, payable to the City of Cupertino.
iii. Contractor will be charged actual costs for each replaced lost key. Depending on the level of key
lost, this charge my exceed $1000.
iv. In case of an emergency, Contractor may assign personnel who do not have a security clearance
who either (1) have an equivalent security clearance from another public agency that is approved by
the Santa Clara County Sheriff or (2) are escorted at all time by City personnel, and the Contractor
reimburses the City for costs incurred by the City in providing the escort personnel.
2.2 Contractor's Insurance
A General
Contractor shall not perform Work under thi:3 Contract unless all insurance required by this Section
has been obtained; and such insurance and insurers have been approved by City; and such insurance
remains in full force and effect. Approval of insurance by City shall neither relieve nor decrease the
liability of Contractor hereunder. Any delay in performing Work caused by Contractor's failure to
comply with the insurance requirements specified in these Specifications, is the responsibility of
Contractor. Failure by Contractor to maintain all required insurance at all times during the
performance of this Contract, and until Final Acceptance by City, shall constitute a material breach
of this Contract and shall not be a basis for a time extension.
For insurance requirements and forms see Document 00821 and 00530.
B Workers' Compensation and Liability Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall, at
Contractor's sole cost and expense, keep in force at all times during the performance of this
Contract, and until Acceptance by City, the following minimum insurance coverage's, unless
otherwise specified in the Special Provisions:
For insurance requirements and forms see Document 00821 and 00530.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -13
Project No. 2011 -01
C Insurance on Work and Materials
Contractor shall secure and maintain such direct damage insurance against such perils as Contractor
may deem necessary to protect the Work called for in this Contract including Work completed,
material in place or to be used in the performance of this Contract and such other miscellaneous
items as may be necessary to the performance of this Contract.
For insurance requirements and forms see Document 00821 and 00530.
D Certificates of Insurance
Contractor shall furnish certificates of insurance to City for all required insurance coverage's.
For insurance requirements and forms see Document 00821 and 00530.
2.3 Contractor's Bonds
A Filing of Bonds
At or before the date indicated in Document CO200 (Instructions to Bidders), Contractor shall file
with City the following bonds:
1. Corporate surety bond, in the form of Document 00610 (Performance Bond), in the penal
sum of four months total contract value of Contractor's Bid as accepted, to guarantee
faithful performance of the Work; and
2. Fidelty bonds in the amount of $5,000 for each and every employee working on City
property.
B Surety Qualifications
Sureties shall be satisfactory to City. Corporate sureties on these bonds and on bonds
accompanying Bids shall be duly licensed to do business in the State of California and shall have an
A.M. Best Company financial rating of B +,VII or better.
SECTION 3. SCOPE' OF WORK
3.1 Work to be Done
The Work to be done consists of furnishing all labor, methods or processes, implements, tools, machinery,
janitorial service equipment, materials of any kind, and installed manufactured equipment, except as
otherwise specified herein, to be furnished by City or from sources provided by City, which are required to
maintain in a good and worker -like manner all the work herein specified. The intent of the specifications is to
describe the details for the janitorial services, which Contractor undertakes to perform in accordance with the
terms of the contract. Where the specifications describe portions of the work in general terms, but not in
complete detail, it is understood that only the best general practice is to prevail and that only materials and
workmanship of first class quality are to be used.
Bidder should take particular notice that any and all items of Work, called for in the Contract Documents,
but not included in a description of any specific bid item, shall be considered as included in one (1) or more
of the bid items and that no additional compensation for those items of Work, beyond the Base Bid, will be
allowed. Work of this nature includes, but is not limited to, such items as, all safety requirements, or work
and materials required to provide public convenience.
See Document 00800 for more detail of work and requirements.
3.2 Cleaning
Not applicable
Disposal of Materials:
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -14
Project No. 2011 -01
As part of the scope of Work included within the Contract Sum, Contractor shall have the
option to dispose of non - hazardous material resulting from the Work at the City of Cupertino
Service Yard located at 10555 Mary Avenue.
If contractor elects not to dispose of material at the Service Yard all waste materials shall be
disposed of at sites to be chosen by Contractor in accordance with applicable local, state, and
federal regulations.
3.3 Change in Work
A General
City may, at any time or from time to time, order additions, deletions, or revisions in the Work, any
portion of the Work, unit price item, or the Contract Time. These changes will be set forth in a
contract change order which will specify, in addition to the work to be done in connection with the
change made, the adjustment of Contract Time, if any, and the basis of compensation for that work.
A contract change order will not become effective until approved by City. Upon receipt of an
approved contract change order, Contractor shall proceed with the ordered work. If ordered in
writing by the City, Contractor shall proceed with the work so ordered prior to actual receipt of an
approved contract change order therefore. In those cases, City will, as soon as practicable, issue an
approved contract change order for the ordered work and, if the parties cannot agree, then the
contract claims procedure in Section 9 shall apply. When the compensation for an item of work is
subject to adjustment, Contractor shall, furnish City with adequate detailed cost data for that item of
work showing actual costs incurred with direct costs, indirect costs, and any overhead claims. If
Contractor requests an adjustment in compensation for an item of work as provided herein, the cost
data shall be submitted with the request.
Any change in scope of Work or deviation from Contract Documents including, without limitation,
extra work, or alterations or additions to or deductions from the original Work, shall not invalidate
the original Contract, and shall be performed under the terms of the Contract Documents.
Only Contractor or City may initiate changes in scope of Work or deviation from Contract
Documents.
Contractor may only initiate changes by submitting RFIs, Notice of Concealed or Unknown
Conditions, or Notice of Hazardous Waste Conditions.
RFIs shall be submitted to seek clarification of or request changes in the Contract Documents.
Notices of Concealed or Unknown Conditions shall be submitted in accordance with Document
00700 (General Conditions).
Notices of Hazardous Waste Conditions shat, be submitted in accordance with Document 00700
(General Conditions).
Contractor shall be responsible for its costs to implement and administer RFIs throughout the
Contract duration. Regardless of the number of RFIs submitted, Contractor shall not be entitled to
additional compensation. Contractor shall be responsible for both City and it's Engineer's
administrative costs for answering RFIs where the answer could reasonably be found by reviewing
the Contract Documents, as determined by City; at City's discretion, such costs may be deducted
from progress payments or final payment.
City may initiate changes by issuing a Supplemental Instruction, which may revise, add to or
subtract from the Work.
City may initiate changes in the Work or Contract Time by issuing RFPs to Contractor. Such RFPs
will detail all proposed changes in the Work and request a quotation of changes in Contract Sum
and Contract Time from Contractor.
City may also, by Construction Change Directive ( "CCD "), order changes in the Work within the
general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum
and Contract Time being adjusted accordingly. A CCD shall be used in the absence of total
agreement on the terms of a Change Order and may, upon notice, consist of a Change Order
executed by City only.
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B Procedures
1. Cost Proposal and Procedures:
Whenever Contractor is required to prepare a Cost Proposal, and whenever Contractor is entitled to
submit a Cost Proposal and elects to do so, Contractor shall prepare and submit to City for
consideration a Cost Proposal using the forms approved by the City. All Cost Proposals must
contain a complete breakdown of costs of credits, deducts and extras; itemizing materials, labor,
taxes, overhead and profit. All Subcontractor Work shall be so indicated. Individual entries on the
Cost Proposal form shall be determined as provided in this section. After receipt of a Cost Proposal
with a detailed breakdown, City will act promptly thereon.
If City accepts a Cost Proposal, City will prepare Change Order for City and Contractor signatures.
If Cost Proposal is not acceptable to City becZLuse it does not agree with cost and/or time included in
Cost Proposal, City will submit in a response what it believes to be a reasonable cost and/or
adjustment, if any. Except as otherwise provided in this Document, Contractor shall have seven
Days in which to respond to City with a revised Cost Proposal.
When necessity to proceed with a change does not allow the City sufficient time to conduct a proper
check of a Cost Proposal (or revised Cost Proposal), City may order Contractor to proceed on basis
to be determined at earliest practical date. In this event, value of change, with corresponding
equitable adjustment to Contract, shall not be more than increase or less than decrease proposed.
2. Request for Information (RFI):
Whenever Contractor requires information retarding the Project or Contract Documents, or receives
a request for information from a Subcontractor, Contractor may prepare and deliver an RFI to City.
Contractor shall use RFI format provided by City. Contractor must submit time critical RFIs at
least 30 days before scheduled start date of the affected Work activity. Contractor shall reference
each RFI to an activity of Progress Schedule and shall note time criticality of the RFI, indicating
time within which a response is required. Contractor's failure to reference RFI to an activity on the
Progress Schedule and note time criticality on the RFI shall constitute Contractor's waiver of any
claim for time delay or interruption to the Work resulting from any delay in responding to the RFI.
City will respond within seven Days from receipt of RFI with a written response to Contractor.
Contractor shall distribute response to all appropriate Subcontractors. RFI received after 12:00 pm
will be considered as received the following (Jay, for Fridays, the following day will be considered
to be Monday.
If Contractor is satisfied with the response and does not request change in Contract Sum or Contract
Time, then the response shall be executed without a change.
If Contractor believes the response is incomplete, Contractor shall issue another RFI (with the same
RFI number with the letter "A" indicating if it is a follow -up RFI) to City clarifying original RFI.
Additionally, City may return RFI requesting, additional information should original RFI be
inadequate in describing condition.
If Contractor believes that the response results in change in Contract Sum or Contract Time,
Contractor shall notify City in writing within seven Days after receiving the response. If City
disagrees with Contractor, then Contractor may give notice of intent to submit a Claim as described
in this Document and submit its Claim within 30 days. If City agrees with Contractor, then
Contractor must submit a Cost Proposal within 21 Days of receiving the response to the RFI.
Contractor's failure to deliver either the foregoing notice and Claim or Cost Proposal by the
respective deadlines stated in the foregoing sentences shall result in waiver
of the right to file a Cost Proposal or Claim.
3.311 Field Authorization (FA):
A letter issued and signed by the City's Director of Public Works, or his designated representative,
authorizing the Contractor to proceed with additive or deductive changes to the contract, exclusive of time
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extensions, which value does not exceed $50,000, which will become a part of a subsequent Contract Change
Order. The Field Authorization is issued during the course of janitorial services when it is known or
believed that the changes in the Work being requested 3annot be processed in a timely way as a Contract
Change Order without risk of causing a delay to the project. The contractor cannot include work performed
under a Field Authorization in an Application for Payment until the Field Authorization is fully incorporated
into an approved Contract Change Order.
3.32 Supplemental Instruction:
City may issue Supplemental Instruction to Contractor If Contractor is satisfied with Supplemental
Instruction and does not request change in Contract Sum or Contract Time, then Supplemental Instruction
shall be executed without a Change Order. If Contractor believes that Supplemental Instruction results in
change in Contract Sum or Contract Time, then Contractor must submit a Cost Proposal to City within 21
Days of receiving the Supplemental Instruction.
3.321 Construction Change Directives (CCD):
If at any time City believes in good faith that a timely Change Order will not be agreed upon using the
foregoing procedures, City may issue a CCD with its recommended cost and/or time adjustment. Upon
receipt of CCD, Contractor shall promptly proceed with the change of Work involved and concurrently
respond to City's CCD within 10 Days. Contractor's response must be any one of following:
Return CCD signed, thereby accepting City's response, time and cost. Submit a (revised if applicable) Cost
Proposal with supporting documentation (if applicable, reference original Cost Proposal number followed by
letter A, B, etc. for each revision), if City so requests. (live notice of intent to submit a Claim as described in
this Document and submit its Claim with 30 days. If the CCD provides for an adjustment to the Contract
Sum, the adjustment shall be based on one of the following methods: Mutual acceptance of a lump sum
properly itemized and supported by sufficient substantiating data to permit evaluation. Unit prices stated in
the Contract Documents or subsequently agreed upon. Cost to be determined in a manner agreed.
CCD signed by Contractor indicates the agreement of Contractor therewith, including adjustment in Contract
Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately
and shall be recorded as a Change Order. If Contractor does not respond promptly or disagrees with the
method for adjustment in the Contract Sum, the method and the adjustment shall be determined by City on
the basis of reasonable expenditures and savings of those performing the Work attributable to the change
including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. If the
parties still do not agree on the price for a CCD, Contractor may file a Claim. Contractor shall keep and
present, in such form as City may prescribe, an itemized accounting together with appropriate supporting
data. Unless otherwise provided in the Contract Documents, costs for the purposes of this paragraph shall be
limited to those provided in this Section. Pending final determination of cost to City, amounts not in dispute
may be included in Applications for Payment. The amount of credit to be allowed by Contractor to City
for a deletion or change, which results in a net decrease in the Contract Sum, shall be actual net cost as
confirmed by City. When both additions and credits covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with
respect to that change.
3.33 City Requested RFP:
Contractor shall furnish a Cost Proposal within 21 Business Days of City's RFP. Upon approval of RFP,
City will issue a Change Order directing Contractor to proceed with extra Work. If the parties do not agree
on the price for an RFP, City may either issue a CCD or decide the issue per the claims section of this
Document. Contractor shall perform the changed Work notwithstanding any claims or disagreements of any
nature.
3.34 Differing Site Conditions:
Contractor shall submit Notices of Differing Site Conditions to resolve problems regarding differing Site
conditions encountered in the execution of the Work pursuant to section 3 of this Document, which shall
govern. If City determines that a change in Contract Sum or Contract Time is justified, City will issue RFP
or CCD.
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3.35 Hazardous Waste Conditions:
Contractor shall submit Notices of Hazardous Waste Conditions to resolve problems regarding hazardous
materials encountered in the execution of the Work pursuant to this Document, which shall govern. If City
determines that a change in Contract Sum or Contract Time is justified, City will issue RFP or CCD.
3.36 All Changes:
Documentation of Change in Contract Sum and Contract Time:
Contractor shall maintain detailed records of Work performed on a time - and - material basis.
Contractor shall document each proposal for a change in cost or time with sufficient data to allow evaluation
of the proposal. Contractor shall, on request, provide additional data to support computations for:
a. Quantities of products, materials, labor and ec uipment.
b. Taxes, insurance, and bonds.
C. Overhead and profit.
d. Justification for any change in Contract Time and new Progress Schedule showing revision due, if
any.
e. Credit for deletions from Contract, similarly documented.
f. Contractor shall support each claim for additional costs, and for Work performed on a cost -and-
percentage basis, with additional information including:
g. Credit for deletions from Contract, similarly documented.
h. Origin and date of claim.
i. Dates and times Work was performed and by whom.
j. Time records and wage rates paid.
k. Invoices and receipts for products, materials, equipment and subcontracts, similarly documented.
3.361 Correlation of Other Items:
Contractor shall revise Schedule of Values and Application for Payment forms to record each authorized
Change Order or CCD as a separate line item and adjust the Contract Sum as shown thereon prior to the next
monthly pay period. Contractor shall revise the Progress Schedules prior to the next monthly pay period.
Contractor shall enter changes in Project Record Documents prior to the next monthly pay period.
3.362 Responses:
For all responses for which the Contract Documents, including without limitation this Document, do not
provide a specific time period, recipients shall respond within a reasonable time.
3.370 Allowable Quantity Variations
Increases or decreases in the quantity of a Contract item of Work for unit price items will be determined by
comparing the actual pay quantity of an item of Work with the approximate quantity in the listing of the bid
items contained in the Bid.
If the actual pay quantity of an item of Work varies from the approximate quantity by 25 percent or less,
payment will be made for the actual quantity of Work performed at the Contract unit price listed in the Bid.
If the actual pay quantity of an item of Work varies from the approximate quantity by more than 25 percent,
in the absence of an executed Contract Change Order specifying the compensation to be paid, the
compensation payable to Contractor will be determined in accordance with this Section.
Increases of More Than 25 Percent: If the actual pay quantity of an item of Work exceeds the
approximate quantity by more than 25 percent, the amount of Work in excess of 125 percent of the
approximate quantity will be paid for by adjusting the Contract unit price. Such adjustment of the
Contract unit price will be the positive or negative difference between the Contract unit price and
the actual unit cost of the total pay quantity of the item. At the sole option of City, the actual unit
cost of the Work involved in such excess will be determined in accordance with Section 3.4 (by
mutual acceptance of a lump sum amount) or Section 3.4 (cost of Work, based on time and
materials).
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If the cost of an item of Work includes fixed costs or overhead, the fixed costs will be deemed to
have been recovered by Contractor by the payments made for 125 percent of the approximate
quantity at the Contract unit price for the item and in computing the actual unit cost, the fixed costs
will be excluded.
When the compensation payable for the quantity of Work performed in excess of 125 percent of the
approximate quantity is less than $5,000 at the Contract unit price, no adjustment in the Contract
unit price will be made unless requested in writing by Contractor within 14 days from the date
Contractor became aware, or should have reasonably become aware, of the increase in quantity.
2. Decreases of More Than 25 Percent: If the actual pay quantity of an item of Work is less than 75
percent of the approximate quantity, an adjustment in compensation will not be made unless
Contractor makes a request in writing within 14 days from the date Contractor became aware, or
should have reasonably become aware, of the decrease in quantity. If Contractor makes a request,
the actual pay quantity of said item of Work performed will be paid for by adjusting the Contract
unit price. Such adjustment of the Contract unit price will be the positive or negative difference
between the Contract unit price and the actual unit cost of the total pay quantity of the item,
including fixed costs. At the sole option of City, payment for the actual quantity of Work will be
made by mutual acceptance of a lump sum amount or cost of Work based on time and materials in
accordance with Section 3.4.
3. Payment for the actual pay quantity of such item of Work will in no case exceed the payment which
would have been made for the performance of 75 percent of the approximate quantity of such item
at the Contract unit price.
3.380 ELIMINATED ITEMS:
If any Contract item of the Work is eliminated in its entirety, payment will be made to Contractor for the
actual cost incurred in connection with the eliminated Contract item if incurred prior to the date of
notification in writing by City of such elimination.
If acceptable material is ordered by Contractor for an eliminated Contract item prior to the date of
notification of such elimination by City, and if orders for such material cannot be canceled, payment for such
material will be made at the actual cost to Contractor. In such case, the material shall become the property of
City. If the materials can be returned to the vendor and if City so directs, the material shall be returned and
Contractor will be paid for the actual cost for returning; the material.
The actual costs to be paid by City to Contractor in accordance with this Section will be computed based on
Time and Materials in accordance with Section 3.4.
3.385 ALTERNATIVE CONTRACT ITEMS
Items identified as Alternative in the Bid may be deleted entirely or in part at the sole discretion of City. The
unit price of an Alternative contract item shall not be subject to adjustment due to any increase or decrease in
actual quantity.
See Document 00800 for more detail.
3.390 CHANGE IN CHARACTER OF WORK
If an ordered change in the plans or specifications materially changes the character of the work of a contract
item from that on which the Contractor based the bid price, and if the change increases or decreases the
actual unit cost of the changed item as compared to the actual or estimated actual unit cost of performing the
work of that item in accordance with the plans and specifications originally applicable thereto, in the absence
of an executed contract change order specifying the compensation payable, an adjustment in compensation
therefore will be made in accordance with the following.
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The basis of the adjustment in compensation will be the difference between the actual unit cost to perform
the work of that item or portion thereof involved in the change as originally planned and the actual unit cost
of performing the work of the item or portion thereof involved in the change, as changed. Actual unit costs
will be determined by the Engineer in the same manner as if the work were to be paid for on a force account
basis as provided in Section 3.4; or the adjustment will be as agreed to by the Contractor and the Engineer.
The adjustment will apply only to the portion of the work of the item actually changed in character. At the
option of the Engineer, the work of the item or portion of item which is changed in character will be paid for
by force account as provided in Section 3.4.
If the compensation for an item of work is adjusted under this Section, the costs recognized in determining
that adjustment shall be excluded from consideration in making an adjustment for that item of work under
the provisions in Section 3.3.
Failure of the Engineer to recognize a change in character of the work at the time the approved contract
change order is issued shall in nowise be construed as relieving the Contractor of the duty and responsibility
of filing a written protest within the limit as provided in Doc. 00700.
3.4 CHANGE IN CONTRACT PRICE
1. General
The Contract Price constitutes the total compensation payable to Contractor for performing the
Work. All duties, responsibilities, and obligations assigned to or undertaken by Contractor to
perform the Work shall be at Contractor's expense without change in the Contract Price.
The Contract Price may only be changed by a change order. Any request for an increase in the
Contract Price shall be based on written notice delivered by Contractor to City promptly, but in no
event later than 10 days after the date of the occurrence of the event giving rise to the request and
stating the general nature of the request. Notice of the amount of the request with supporting data
shall be delivered within 45 days after the date of the occurrence, unless City allows an additional
period of time to ascertain more accurate data in support of the request, and shall be accompanied
by Contractor's written statement that the amount requested covers all amounts (direct, indirect, and
consequential) to which Contractor is entitled as a result of the occurrence of the event. No request
for an adjustment in the Contract Price will be valid if not submitted in accordance with this
Section.
The value of any Work covered by a change order or of any request for an increase or decrease in
the Contract Price shall be determined in one of the following ways:
A. Where the Work involved is covered by unit prices contained in the Contract documents,
by application of unit prices to the quantities of the items involved; or
B. By mutual acceptance of a lump surf, which may include an allowance for overhead and
profit not necessarily in accordance with Section 3.4, provided Contractor submits
documentation supporting the direct, indirect, overhead and profit components that
compromise the lump sum amounts.
C. On the basis of the cost of Work based on Time and Materials plus a Contractor's fee for
overhead and profit, in accordance with this Section.
2. Cost of Work (Based on Time and Materials)
The term "Cost of Work" means the sum of all costs necessarily incurred and paid by Contractor for
labor, materials, and equipment in the proper performance of Work. Except as otherwise may be
agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the
locality of the project.
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3. Labor
The cost of labor used in performing Work by Contractor, a Subcontractor, or other forces, will be
the sum of the following:
The actual wages paid plus any employer payments to or on behalf of workers for fringe benefits,
including health and welfare, pension, vacation, and similar purposes, not overlapping with the
labor surcharge described below. The cost of labor may include the wages paid to foremen when it
is determined by City that the services of foremen do not constitute a part of the overhead
allowance.
There will be added to the actual wages as defined above, a percentage set forth in the latest "Labor
Surcharge and Equipment Rental Rates" in use by the California State Department of
Transportation which is in effect on the date upon which the work is accomplished. This percentage
shall constitute full compensation for all payments imposed by State and Federal laws including, but
not limited to, workers' compensation insurance and Social Security payments.
The amount paid for subsistence and travel required by collective bargaining agreements.
For equipment operators, payment for the actual cost of labor and subsistence or travel allowance
will be made at the rates paid by Contractor to other workers operating similar equipment already
on the work, or in the absence of such labor, established by collective bargaining agreements for the
type of workers and location of the extra work, whether or not the operator is actually covered by
such an agreement. A labor surcharge will be added to the cost of labor described herein, in
accordance with the provisions of this Section, which surcharge shall constitute full compensation
for payments imposed by State and Federal Laws, and all other payments made to on behalf of
workers other than actual wages.
4. Materials:
The cost of materials used in performing Work will be the cost to the purchaser, whether Contractor
or subcontractor, from the supplier thereof, except as the following are applicable:
Trade discounts available to the purchaser shall be credited to City notwithstanding the fact that
such discounts may not have been taken by Contractor.
For materials secured by other than a direct purchase and direct billing to the purchaser, the cost
shall be deemed to be the price paid to the actual supplier as determined by City. Markup, except
for actual costs incurred in the handling of such materials, will not be allowed.
Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the
price paid by the purchaser for similar materials from said sources on extra work items or the
current wholesale price for such materials delivered to the Work Site, whichever price is lower.
If, in the opinion of City, the cost of material is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest
current wholesale price for the quantity concerned delivered to the work Site, less trade discount.
City reserves the right to furnish materials for the extra work and no claim shall be made by
Contractor for costs and profit on such materials.
5. Equipment:
Contractor will be paid for the use of equipment at the rental rate listed for such equipment
specified in the current edition of the Department of Transportation publication entitled, "Labor
Surcharge and Equipment Rental Rates," wh ich is in effect on the date upon which the work is
accomplished. Such rental rates will be used to compute payments for equipment whether the
equipment is under Contractor's control through direct ownership, leasing, renting, or another
method of acquisition. The rental rate to be applied for use of each item of equipment shall be the
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rate resulting in the least total cost to City for the total period of use. If it is deemed necessary by
Contractor to use equipment not listed in the Foregoing publication, an equitable rental rate for the
equipment will be established by City. Contractor may furnish cost data, which might assist City in
the establishment of the rental rate.
The rental rates paid, as above provided, shall include the cost of fuel, oil, lubrication supplies,
small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage,
insurance, and all incidentals. Operators of equipment will be separately paid for as provided in this
Section 3.4, "Labor ".
All equipment shall be in good working condition and suitable for the purpose for which the
equipment is to be used.
Before construction equipment is used on the extra work, Contractor shall plainly stencil or stamp
an identifying number thereon at a conspicuous location, and shall furnish to City, in duplicate, a
description of the equipment and its identifying number.
Unless otherwise specified, manufacturer's ratings and manufacturer- approved modifications shall
be used to classify equipment for the determination of applicable rental rates. Equipment, which has
no direct power unit, shall be powered by a unit of at least the minimum rating recommended by the
manufacturer.
Individual pieces of equipment or tools having a replacement value of $500 or less, whether or not
consumed by use, shall be considered to be small tools and no payment will be made therefore.
6. Owner - Operated Equipment:
When owner - operated equipment is used to perform Work and is to be paid for as extra work,
Contractor will be paid for the equipment and operator as follows:
Payment for the equipment will be made in accordance with the provisions of Section 3.4,
"Equipment."
Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by
Contractor to other workers operating similar equipment already on the project, or, in the absence of
such other workers, at the rates for such labor established by collective bargaining agreement for
type of worker and location of the work, whether or not the owner- operator is actually covered by
such an agreement. A labor surcharge will be added to the cost of labor described herein, in
accordance with the provisions in Section 3.4, "Labor."
To the direct cost of equipment rental and labor, computed as provided herein, will be added the
markup for equipment rental and labor as provided in Section 3.4, "Contractor's Fee."
7. Equipment Time:
The rental time to be paid for equipment on the Work shall be the time the equipment is in
productive operation on the Work being performed and shall include the time required to move the
equipment to the new location and return it to the original location or to another location requiring
no more time than that required to return it to its original location; except that moving time will not
be paid if the equipment is used on other than the extra work. Loading and transporting costs will be
allowed, in lieu of moving time, when the equipment is moved by means other than its own power.
No payment will be made for loading and transporting costs when the equipment is used at the Site
of the extra work on other than the extra work. The following shall be used in computing the rental
time of equipment on the work:
A. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be
considered to be ' / 2 -hour of operation, and any part of an hour in excess of 30 minutes will
be considered 1 -hour of operation.
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B. When daily rates are listed, operation for any part of a day less than 4 hours shall be
considered to be half -day of operation.
C. Rental time will not be allowed while: equipment is inoperative due to breakdowns or
Contractor caused delays.
8. Cost of Work Documentation:
Contractor shall furnish City Daily Extra Work Reports on a daily basis covering the direct costs of
labor and materials and charges for equipment whether furnished by Contractor, subcontractor, or
other forces. City will provide the Daily Extra Work Report forms to Contractor. Contractor or an
authorized agent shall sign each Daily Extra Work Report. The Daily Extra Work Report shall
provide names and classifications of workers and hours worked; size, type, and identification
number of equipment; and the hours operated. Copies of certified payrolls and statement of fringe
benefit shall substantiate labor charges. Valid copies of vendor's invoices shall substantiate material
charges.
City will make any necessary adjustments. When these reports are agreed upon and signed by both
parties, they shall become the basis of payme 1t for the Work performed, but shall not preclude
subsequent adjustment based on a later audit.
Contractor shall inform City when extra work: will begin so that City inspector can concur with the
Daily Extra Work Reports. Failure to conform to these requirements may impact Contractor's
ability to receive proper compensation.
9. Detours:
Not applicable
10. Special Services
Special services are defined as that work characterized by extraordinary complexity, sophistication,
or innovations, or a combination of the foregoing attributes, which are unique to the construction
industry. The following may be considered by City in making estimates for payment for special
services:
A. When City and Contractor, by agreement, determine that a special service is required
which cannot be performed by the forces of Contractor or those of any of its
subcontractors, the special service may be performed by an entity especially skilled in the
work to be performed. After validation of invoices and determination of market values by
City, invoices for special services based upon the current fair market value thereof may be
accepted without complete itemization of labor, material, and equipment rental costs.
B. When Contractor is required to perform work necessitating special fabrication or
machining process in a fabrication or a machine shop facility away from the job -Site, the
charges for that portion of the wort: performed at the off Site facility may, by agreement,
be accepted as a special service and accordingly, the invoices for the work may be
accepted without detailed itemization.
C. All invoices for special services will be adjusted by deducting all trade discounts offered or
available, whether the discounts were taken or not. In lieu of the allowances for overhead
and profit on labor, materials, and equipment specified in Section 3.4 "Contractor's Fee ",
herein, a single allowance of ten (10) percent will be added to invoices for special services.
11. Contractor's Fee
A. Work ordered on the basis of time and materials will be paid for at the actual and necessary
cost as determined by City, plus allowances for overhead and profit which allowances shall
constitute the "Contractor's Fee ". For extra work involving a combination of increases and
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decreases in the work, the actual necessary cost will be the arithmetic sum of the additive
and deductive costs. The allowance for overhead and profit shall include compensation for
superintendence, bond and insurance premiums, taxes, all field and home office expenses,
and all other items of expense or cost not included in the cost of labor, materials, or
equipment provided for under Sections 3.4, "Cost of Work ", herein. The allowance for
overhead and profit will be made in accordance with the following schedule:
Actual and Necessary Cost
Overhead and Profit Allowance
Labor............................. .............................33 percent
Materials.......................... ............................... 15 percent
Equipment .......................... .............................15 percent
B. Labor, materials, and equipment may be furnished by Contractor or by the subcontractor
on behalf of Contractor: When all or any part of the extra work is performed by a
subcontractor, the allowance specified in "Contractor's Fee" shall only be applied to the
labor, materials, and equipment costs of the subcontractors to which Contractor may add 5
percent of the subcontractor's total cost for the extra work. Regardless of the number of
hierarchical tiers of subcontractors, the 5 percent increase above the subcontractor's total
cost, which includes the allowances for overhead and profit specified herein, may be
applied one time only for each separate work transaction.
12. Compensation for Time Extensions
Adjustments in compensation for time extension will be allowed only for causes identified in
Section 3.5, Changes in Contract Time. No adjustments in compensation will be allowed when
City- caused delays to a controlling item of work and Contractor - caused delays to a controlling item
of work occur concurrently, or for causes identified in Section 3.5 Changes in Contract Time.
Compensation for idle time of equipment will be determined in accordance with the provisions in
Section 3.4, Owner — Operated Equipment.
13. Force - Account Work
If it is impracticable because of nature of Work, or for any other reason, to fix an increase or
decrease in price definitely in advance, the Contractor may be directed to proceed at a not -to- exceed
(NTE) maximum price which shall not under any circumstances be exceeded. Subject to such
limitation, such extra Work shall be paid for at actual necessary cost for Force - Account Work or at
the negotiated cost, as determined by City. The cost for Force - Account Work shall be determined
pursuant this Section.
Force - Account Work shall be used when it is not possible or practical to price out the changed
Work prior to the start of that Work. In these; cases, Force - Account Work will be utilized during the
pricing and negotiation phase of the change. Once negotiations have been concluded and a bilateral
agreement has been reached, the tracking of the Work under Force - Account is no longer necessary.
Force - Account Work shall also be used when negotiations between City and Contractor have
broken apart and a bilateral agreement on the value of the changed Work cannot be reached. City
may approve other uses of Force - Account Work.
Whenever any Force - Account Work is in progress, definite price for which has not been agreed on
in advance, Contractor shall report to City each Business Day in writing in detail amount and cost
of labor and material used, and any other expense incurred in Force - Account Work on preceding
Day, by using the Cost Proposal form attached hereto. No claim for compensation for Force -
Account Work will be allowed unless report shall have been made.
Whenever Force - Account Work is in progress, definite price for which has not been agreed on in
advance, Contractor shall report to City when 75 percent of the NTE amount has been expended.
Force - Account Work shall be paid as extra Work under this Section. Methods of determining
payment for Work and materials provided in this Section shall not apply to performance of Work or
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2011 Contractual
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Project No. 2011 -01
furnishings of material that, in judgment of Ciry, may properly be classified under items for which
prices are otherwise established in Contract Documents.
14. Overhead Defined
The following constitutes charges that are deemed included in overhead for all Contract
Modifications, including Force - Account Work or CCD Work, whether incurred by Contractor,
Subcontractors, or suppliers, and Contractor sliall not invoice or receive payment for these costs
separately:
A. Routine field inspection of Work proposed
B. General Superintendence
C. General administration and preparation of cost proposals, schedule analysis, change orders
and other supporting documentation as necessary
D. Computer services
E. Reproduction services
F. Salaries of project manager, superintendent, timekeeper, storekeeper and secretaries
G. Home office expenses
H. Insurance and Bond premiums
I. Procurement and use of vehicles and fuel used coincidentally in Work otherwise included
in the Contract Documents
J. Estimating
K. Handling and disposal fees
L. Other incidental Work
15. Records and Certifications
Force - Account (cost reimbursement) charges shall be recorded daily and summarized in Cost
Proposal form attached hereto. Contractor or authorized representative shall complete and sign
form each day. Contractor shall also provide with the form: the names and classifications of
workers and hours worked by each; an itemization of all materials used; a list by size type and
identification number of equipment and hours operated; and an indication of all Work performed by
specialists.
No payment for Force - Account Work shall be made until Contractor submits original invoices
substantiating materials and specialists charges.
City shall have the right to audit all records in possession of Contractor relating to activities covered
by Contractor's claims for modification of Contract, including Force - Account Work and CCD
Work.
Further, City will have right to audit, inspect, or copy all records maintained in connection with this
Contract, including financial records, in possession of Contractor relating to any transaction or
activity occurring or arising out of, or by virtue of, the Contract. If Contractor is a joint venture,
right of City shall apply collaterally to same extent to records of joint venture sponsor, and of each
individual joint venture member. This right shall be specifically enforceable, and any failure of
Contractor to voluntarily comply shall be deemed an irrevocable waiver and release of all claims
then pending that were or could have been subject to this Document.
3.5 Change of Contract Time
A General
The Contract time may only be changed by a change order. Any request for an extension of the
Contract time shall be based on written notice delivered by Contractor to City promptly, but in no
event later than 10 days after the date of the occurrence of the event - giving rise to the request. Such
written notice shall identify the controlling item of work that justifies the time extension, and shall
state in reasonable detail the general nature of the request. Notice of the full extent of the request
with a supporting time impact evaluation shall be delivered within 25 days after the date of such
occurrence, unless City allows an additional period of time to ascertain more accurate data in
support of the request, and shall be accompanied by Contractor's written statement that the
adjustment requested is the entire adjustmen: to which Contractor has reason to believe it is entitled
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as a result of the occurrence of said event. No request for an adjustment in the Contract time will be
valid if not submitted in accordance with the requirements of this Section, and Contractor waives
any rights not pursued under this Section.
The Contract time will only be extended when a delay occurs which impacts a controlling item of
work as shown on the progress schedule required herein. Time extensions will be allowed only if
the cause is beyond the control and without the fault or negligence of Contractor. Time extensions
(without compensation of any sort) will also be allowed when City- caused delays to a controlling
item of work and Contractor- caused delays to a controlling item of work occur concurrently or for
adverse weather caused delays discussed below. Contractor will be notified if City determines that a
time extension is not justified.
The Contract time will be extended in an amount equal to time lost due to delays beyond the control
of Contractor if a request is made therefore as provided in this Section. An extension of Contract
time will only be granted for days on which (i) Contractor is prevented from proceeding with at
least 75 percent of the normal labor and equipment force actually engaged on the said work, and (ii)
by excusable occurrences or conditions resulting immediately there from which impact a controlling
item of work as determined by City. Excusable delays shall include:
A. Changes.
B. Failure of City to furnish access, right of way, completed facilities of related projects,
Drawings, materials, equipment, or services for which City is responsible.
C. Survey error by City.
D. Suspension of work pursuant to Section 7, Prosecution and Progress of Work.
E. Occurrences of a severe and unusual nature, including, acts of God, fires, and excusable
inclement weather. An "act of God'" means an earthquake, flood, cloudburst, cyclone or
other cataclysmic phenomena of nature beyond the power of Contractor to foresee or to
make preparation in defense against, but does not include ordinary inclement weather.
Excusable inclement weather is any weather condition, the duration of which varies in
excess of the average conditions expected, which is unusual for the particular time and
place where the work is to be performed, or which could not have been reasonably
anticipated by Contractor, as determined from National Oceanic and Atmospheric
Administration ( "NOAA ") records for the proceeding 3 -year period.
F. Act of the public enemy, act of another governmental entity, public utility, epidemic,
quarantine restriction, freight embargo, strike, or labor dispute. A delay to a subcontractor
or supplier due to the above circumstances will be taken into consideration for extensions
to the time of completion.
B Extensions of Time for Delay Due to Excusable Inclement Weather
Not applicable.
3.6 Changed Site Conditions
In the event that a dispute arises between City and Contractor on whether the conditions materially differ or
on Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be
excused from any scheduled completion date provided for by this Contract but shall proceed with all work to
be performed under the Contract. Contractor shall retain any and all rights provided either by this Contract or
by law, which pertain to the resolution of disputes and protests between the contracting parties.
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3.7 Cost Reduction Incentive
The Contractor may submit to the City, in writing, proposals for modifying the specifications or other
requirements of the contract for the sole purpose of reducing the total cost of janitorial services. The cost
reduction proposal shall not impair, in any manner, t7e essential functions or characteristics of the project,
including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or
design and safety standards. Cost reduction proposals shall contain the following information:
A description of both the existing contract requirements for performing the work and the proposed changes.
An itemization of the contract requirements that must be changed if the proposal is adopted. A detailed
estimate of the cost of performing the work under the existing contract and under the proposed change. The
estimates of cost shall be determined in the same manner as if the work were to be paid for on a force
account basis as provided in Section 3.4, "Cost of Work." A statement of the time within which the City
must make a decision thereon. The contract items of work affected by the proposed changes, including any
quantity variation attributable thereto.
The provisions of this Section 3.7 shall not be construed to require the City to consider any cost reduction
proposal which may be submitted hereunder; and the City will not be liable to the Contractor for failure to
accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the
work attributable to any cost reduction proposal. If a cost reduction proposal is similar to a change in the
specifications, under consideration by the City for the project, at the time the proposal is submitted or if the
proposal is based upon or similar to Standard Specif.cations, standard special provisions or Standard Plans
adopted by the City after the advertisement for the contract, the City will not accept the proposal, and the
City reserves the right to make the changes without compensation to the Contractor under the provisions of
this section
The Contractor shall continue to perform the work in accordance with the requirements of the contract until
an executed change order, incorporating the cost reduction proposal has been issued. If an executed change
order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a
decision thereon should be made, or such other date as the Contractor may subsequently have specified in
writing, the cost reduction proposal shall be deemed re jected.
The City shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net
savings in construction costs from the adoption of all or any part of the proposal. In determining the
estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the
Engineer, those prices do not represent a fair measure of the value of work to be performed or to be deleted.
The City reserves the right where it deems such action appropriate, to require the Contractor to share in the
City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of
considering the proposal. Where this condition is imposed, the Contractor shall indicate acceptance thereof
in writing, and that acceptance shall constitute full authority for the City to deduct amounts payable to the
City from any moneys due or that may become due to the Contractor under the contract.
If the Contractor's cost reduction proposal is accepted in whole or in part the acceptance will be by a contract
change order. The change order shall incorporate the changes in the plans and specifications which are
necessary to permit the cost reduction proposal or that part of it as has been accepted to be put into effect,
and shall include any conditions upon which the City's approval thereof is based if the approval of the City is
conditional. The change order shall also set forth the estimated net savings in construction costs attributable
to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor
be paid 50 percent of that estimated net savings amount. The Contractor's cost of preparing the cost
reduction incentive proposal and the City's costs of investigating a cost reduction incentive proposal,
including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the
estimated net savings in construction costs.
Acceptance of the cost reduction proposal and performance of the work there under shall not extend the time
of completion of the contract unless specifically provided for in the contract change order authorizing the use
of the cost reduction proposal.
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The amount specified to be paid to the Contractor in the change order, which effectuates a cost reduction
proposal, shall constitute full compensation to the Contractor for the cost reduction proposal and the
performance of the work thereof pursuant to the change order.
The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts
administered by the City when it determines that the proposal is suitable for application to other contracts.
When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted
that proposal will be eligible for compensation pursuant to this section, and in that case, only as to those
contracts awarded to that Contractor prior to submission of the accepted cost reduction proposal and as to
which the cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or
similar to previously submitted proposals will be eligible for consideration and compensation under the
provisions of this Section 3.7 if the identical or similar previously submitted proposals were not adopted for
general application to other contracts administered by the City. Subject to the provisions contained herein,
the City or any other public agency shall have the right to use all or any part of any submitted cost reduction
proposal without obligation or compensation of any kind to the Contractor.
Contractor may submit to City, in writing, proposals for modifying the Specifications, or other requirements
of the Contract for the sole purpose of reducing the total cost of construction.
Prior to preparing a written cost reduction proposal, Contractor shall request a meeting with City to discuss
the proposal in concept. Items of discussion will also include permit issues, impact on other projects, impact
on the project schedule, peer reviews, overall merit of the proposal, and review times required by City and
other agencies.
3.8 Dust Control
Not applicable
3.9 Excavation Safety Plans
Not applicable
3.10 Asbestos - Related Work
Contractor's attention is directed to Section 7058.5 of the Business and Professions Code which states that
from and after January 1, 1987, no Contractor shall engage in asbestos - related work, as defined, who is not
certified by Contractor's State License Council to do so.
Contractor's attention is also directed to Section 6501.5, and following, of the Labor Code relative to
asbestos - related work and to provisions of the General Industry Safety Orders of Title 8 of the Code of
Regulations and to the BAAQMD's Rule.
When the Contractor reasonably believes to have fund asbestos or a hazardous substance as defined in
Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been
rendered harmless, Contractor may continue work in unaffected areas reasonably believed to be safe.
Contractor shall immediately cease work in the affected area and report the condition to City in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous
substances including exploratory work to identify and determine the extent of the asbestos or hazardous
substance will be performed by separate contract.
If delay of work in the area delays the current controlling operation, Contractor may be entitled to a time
extension (without additional compensation) as provided in Section 3.5, Change in Contract Time.
3.11 Substitutions
This paragraph describes procedures for selecting products and requesting substitutions of unlisted materials
in lieu of materials named in the Specifications or approved for use in Addenda that were not already the
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2011 Contractual
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DOCUMENT 00700 -28
Project No. 2011 -01
subject of a Document 00660 (Substitution Request Form) submittal as provided in Document 00200
(Instructions to Bidders).
CONTRACTOR'S OPTIONS:
For products specified only by reference standard Contractor may select any product meeting that standard.
For products specified by naming one or more products or manufacturers, Contractor may select products of
any named manufacturer meeting the Specifications.
If product becomes unavailable due to no fault of Contractor, submit Request for Substitution (RFS),
including all information contained in this Document and a fully executed Document 00660 (Request for
Substitution), but using the term "Contractor" each place the term "Bidder" appears in that form.
SUBSTITUTIONS:
Except as provided in Document 00200 (Instructions to Bidders) with respect to "or equal" items, City will
consider Contractor's substitution requests only when product becomes unavailable due to no fault of
Contractor. Requests for review of proposed substitute; items will not be accepted from anyone other than
Contractor. The RFS shall state the extent, if any, to which the evaluation and acceptance of the proposed
substitute will prejudice Contractor's achievement of Substantial Completion on time, and whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or
in the provisions of any other direct contract with City for work on the Project).
Submit separate RFS (and four copies) for each product and support each request with:
A. Product identification.
B. Manufacturer's literature.
C. Samples, as applicable.
D. Name and address of similar projects on which product has been used, and dates of use.
E. Name, address, and telephone number of manufacturer's representative or sales engineer.
F. For cleaning methods: Detailed description of proposed method; drawings illustrating methods.
Where required, itemize a comparison of the proposed substitution with product specified and list significant
variations including, but not limited to dimensions, weights, service requirements, and functional differences.
If variation from product specified is not pointed out in submittal, variation will be rejected even though
submittal was favorably reviewed. Identify all variations of the proposed substitute from that specified in the
RFS and indicate available maintenance, repair, and replacement service.
State whether the substitute will require a change in any of the Contract Documents (or provisions of any
other direct contract with City for work on the Project) to adapt the design of the proposed substitute, and
whether or not incorporation or use of the substitute in connection with Work is subject to payment of any
license fee or royalty. Submit data relating to changes in construction schedule.
Include accurate cost data comparing proposed substitution with product and amount of net change in
Contract Sum including, but not limited to, an itemized estimate of all costs or credits that will result directly
or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors
affected by the resulting change, all of which will be considered by City in evaluating the proposed
substitute. City may require Contractor to furnish additional data about the proposed substitute.
City will not consider substitutions for acceptance (or, in City's sole discretion, City may make Contractor
solely responsible for all resulting costs, expenses and. other consequences) when a substitution:
A. Is indicated or implied on submittals without formal request from Contractor.
B. Is requested directly by Subcontractor or supplier.
C. Acceptance will require substantial revision of Contract Documents.
D. Disrupts Contractor's job rhythm or ability to perform efficiently.
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Project No. 2011 -01
Substitute products shall not be ordered without written acceptance of City.
City will determine acceptability of proposed substitutions and reserve right to reject proposals due to
insufficient information.
Accepted substitutions will be evidenced by a Change Order. All Contract Documents requirements apply to
Work involving substitutions.
Contractor's RFS constitutes a representation and warranty that Contractor:
A. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified
product.
B. Will provide the same warranty for substitution as for specified product, if applicable.
C. Will coordinate installation and make other changes that may be required for Work to be complete
in all respects.
D. Waives claims for additional costs, which may subsequently become apparent.
E. Will compensate City for all costs; including -xtra costs of performing Work under Contract
Documents, extra cost to other contractors, and any claims brought against City, caused by late
requests for substitutions or late ordering of products.
City will review Contractor's RFS with reasonable promptness and notify Contractor in writing of decision
to accept or reject requested substitution. Specified products, materials, or systems for Project may include
engineering or on -file standards required by the regulatory agency. Contractor's substitution of products,
materials or systems may require additional engineering, testing, reviews, approvals, assurances, or other
information for compliance with regulatory agency requirements or both. Provide all agency approvals or
other additional information required and pay additional costs for required City services made necessary by
the substitution at no increase in Contract Sum or Contract Time, and as a part of substitution proposal
3.12 Hazardous Materials / Waste
Comply with Sections 5163 through 5167 of the General Industry Safety Orders (California Code of
Regulations, Title 8) to protect the Site from being contaminated by the accidental release of any hazardous
materials and/or waste.
If Contractor encounters contamination, the following provisions and precautionary measures shall be
implemented during janitorial services:
Contractor's personnel shall be alert for and immediately report to City any detectable chemical odors,
unusual debris, or discolored materials.
If hazardous materials are encountered, they shall be handled in accordance with applicable local, state, and
federal regulations which may include: (1) CCR Title 8, Division 4, Chapter 4, Section 5192 (Hazardous
Waste Operations and Emergency Response); (2) CCR, Title 22, Division 4.5, Chapters 10 through 13 and
18 (Environmental Health Standards for Management of Hazardous Waste); and (3) CCR Title 23, Division
3, Chapter 15 (Discharges of Waste to Land).
Disposal requirements: Responsibility of City.
Fees: Responsibility of City.
Transport: Responsibility of City.
3.13 Inert Solids and Plant Materials Recycling
Not applicable
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -30
Project No. 2011 -01
Collection of Debris:
Debris from a project in Cupertino can be collected an3 disposed of in either a:
A. Recology Co. bin (call 725 -4020 to order), OR
B. Bin owned by the project's general contractor or demolition contractor, and hauled by a vehicle
owned and registered to that contractor; (contractor should be prepared to prove ownership) OR
C. Private truck with a bed, but no bin
The Recology Company is the only debris bin service provider franchised to do business in Cupertino.
Bins from other leasing companies may not be used in Cupertino.
Recyclable Materials
Recyclable materials are to be recycled in containers provided by the City.
3.14 Storm Water Pollution Control
In compliance with the State and Federal regulations regarding storm water management during janitorial
services, no waste materials or pollutants will be allowed to enter the storm drainage system. In addition to
reducing downstream erosion and sedimentation, keeping pollutants and other debris out of storm drains
reduces the direct discharge of materials and wastes tc local creeks and San Francisco Bay.
The Contractor shall contain and remove any waste generated by the Contractor's janitorial operation using
the appropriate Best Management Practices (BMPs) and shall properly dispose of the waste or pollutants off -
site. If solid or liquid waste materials or pollutants originating from the Contractor's operation enter the
storm drain system, the Contractor will be required to thoroughly clean up the affected catch basins, storm
sewer and storm manholes to the satisfaction of the City. If the Contractor fails to meet the requirements of
this section, the City will issue a stop -work notice and take necessary action to require the Contractor to set
up the preventive measures or clean up the storm drainage system as the case may be. All costs related to the
stop -work action and corrective work shall be solely borne by the Contractor.
The following requirements shall be implemented to prevent the pollution of storm water runoff from
construction projects.
General Requirements
Water pollution control work shall conform to the provisions in this Document, the National Pollutant
Discharge Elimination System ( NPDES) General Permit for Storm Water Discharges Associated with
Construction Activity No. CAS000002 ( NPDES Construction General Permit) and these provisions. For
additional information regarding the requirements of the NPDES Construction General Permit, refer to the
State Water Resources Control Board web site at http-// www. swrcb. ca. gov/stormwtr /construction.html.
The Contractor shall be responsible for the costs and liabilities imposed by law as a result of the Contractor's
failure or negligence in complying with the provisions set forth in this section. For the purposes of this
section, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed
against the City or the Contractor, including those levied under the Federal Clean Water Act and the State
Porter Cologne Water Quality Act.
In addition to the remedies authorized by law, partial payments due the Contractor under the contract may be
retained by the City until financial and legal disposition has been made of the costs and liabilities.
The retention of money due the Contractor shall be subject to the following:
A. The City will give the Contractor thirty (30) days notice of the City's intention to retain funds from
partial payments that may become due to the Contractor prior to acceptance of the contract.
Retention of funds from payments made after acceptance of the contract may be made without prior
notice to the Contractor.
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DOCUMENT 00700 -31
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B. No retention of additional amounts out of partial payments will be made if the amount to be retained
does not exceed the amount being withheld from partial payments pursuant to Section 9 -1.06,
"Partial Payments," of the Standard Provisions.
C. If the City has retained funds and it is subsequently determined that the City is not subject to the
costs and liabilities in connection with the matter for which the retention was made, the City shall
be liable for interest on the amount retained at the legal rate of interest for the period of the
retention.
Conformance with the provisions of this section for this project shall not relieve the Contractor from the
Contractor's responsibilities, as provided in Section 7, "Legal Relations and Responsibilities," of the
Standard Specifications.
Storm Water Pollution Prevention Plan Preparation
The Contractor shall incorporate the following Best Management Practices (BMPs), as applicable, into the
site - specific Storm Water Pollution Prevention Plan (S WPPP) required for this project.
The following requirements shall be met on all projects within the City of Cupertino.
Non Hazardous Material/Waste Management
A. CONTRACTOR shall propose designated areas of the project site, for approval by the CITY,
suitable for material delivery, storage, and waste collection.
Hazardous Material/Waste Management
A. The CONTRACTOR shall label and store all hazardous materials in accordance with the City of
Cupertino Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.
B. CONTRACTOR shall store all hazardous materials and all hazardous wastes in accordance with
secondary containment regulations, and it is recommended that these materials and wastes be
covered, as needed, to avoid potential management of collected rain water as a hazardous waste.
C. CONTRACTOR shall keep an accurate, up -to -date inventory, including Materials Safety Data
Sheets (MSDSs), of hazardous materials and hazardous wastes stored on -site, to assist emergency
response personnel in the event of a hazardous materials incident.
D. When rain is forecast within 24 hours or during wet weather, the CITY may prevent the
CONTRACTOR from applying chemicals in outside areas.
E. The CONTRACTOR shall arrange for regular hazardous waste collection to comply with time
limits on storage of hazardous wastes.
F. The CONTRACTOR shall dispose of hazardous waste only at authorized and permitted treatment,
storage and disposal facilities, and use only licensed hazardous waste haulers to remove the waste
off -site, unless quantities to be transported are below applicable threshold limits for transportation
specified in Sate and Federal regulations.
G. If the CONTRACTOR'S business office is located in Santa Clara County then the CONTRACTOR
may dispose of this waste through the Countywide Household Hazardous Waste Program.
Information on this program may be requested by calling (408) 299 -7300.
Spill Prevention and Control
A. The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents,
readily accessible on -site.
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Proj ect No. 2011 -01
B. The CONTRACTOR shall immediately contain and prevent leaks and spills from entering storm
drains, and properly clean up and dispose of the waste and cleanup materials. If the waste is
hazardous, the CONTRACTOR shall handle the waste as described in section above.
C. The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks
and shall not bury spilled hazardous materials.
D. The CONTRACTOR shall report any hazardous materials spill by calling 911.
Vehicle /Equipment Maintenance or Cleaning
A. The CONTRACTOR shall not perform vehicle or equipment maintenance or cleaning on -site or in the street.
Contractor Training and Awareness
A. CONTRACTOR shall train all employees /subcontractors on the storm water pollution prevention
requirements contained in these Specifications.
B. CONTRACTOR shall inform subcontractors of the storm water pollution prevention contract
requirements and include appropriate subcontract provisions to ensure that these requirements are
met.
C. CONTRACTOR shall post warning signs in areas treated with chemicals.
Activity- Speeific Requirements
The following requirements shall be met on all projects within the City of
Cupertino that include the listed activities.
Dewatering Operations
Not applicable
Paving Operations
Not applicable
Saw Cutting
Not applicable
Traffic Detector Loop Installation and Repair
Not applicable
Concrete, Grout and Mortar Waste Management
Not applicable
Painting
Not applicable
Earthwork
Not applicable
Thermoplastic
Not applicable
Pesticide Usage and Pest Management
Not applicable
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2011 Contractual
Janitorial Services
DOCUME14T 00700 -33
Project No. 2011 -01
SWPPP Implementation
The Contractor shall be responsible throughout the duration of the project for installing, constructing,
inspecting and maintaining the required BMPs.
BMP Maintenance
To ensure proper implementation and function of BMPs, the Contractor shall regularly inspect and maintain
required BMPs. The Contractor shall identify corrective actions and the time needed to address any deficient
BMPs or reinitiate any BMPs that have been discontinued. The Contractor shall keep written records of all
BMP inspections, maintenance activities and corrective actions.
If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified
BMP, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and
time if requested by the Contractor and approved by the Engineer in writing.
SECTION 4. CONTROL OF WORK
4.1 Authority of City
City shall decide all questions, which may arise as to the quality or acceptability of materials furnished and
Work performed and rate of progress of the Work, all questions that may arise as to the interpretation of the
Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of Contractor.
City's decision shall be final. City shall have authority to enforce and make effective such decisions and
orders which Contractor fails to carry out promptly.
4.2 Submittals
Submit, at Contractor's expense, in duplicate sets, the following items ( "Submittals ") required by the
Contract :
Safety Plans
Operation Plans
Products Supplied
Material Safety Data Sheets for all Products Supplied
Submit these Submittals to City for review and approval. Submittals shall include all information requested
by each Specification Section. (No partial Submittals.) Incomplete Submittals will be returned not reviewed
by City. The data shown on the Submittals shall be complete with respect to performance, materials and
similar data to show City the materials Contractor proposes to provide and to enable City to review the
information for the limited purposes specified in this Document. Submittals shall be identified clearly as to
material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise
as City may require to enable City to review the Submittal. The quantity of each Submittal to be submitted
will be as required by individual Specification Documents or this Document. At the time of each submission,
give City specific written notice of all variations, if any, that the submitted Submittal may have from the
requirements of the Contract Documents, and the reasons therefore. This written notice shall be in a written
communication attached to the Submittal transmittal form. In addition, cause a specific notation to be made
on each Submittal submitted to City, for review and approval of each such variation. If City accepts
deviation, City will note its acceptance on the returned Submittal transmittal form and, if necessary, issue
appropriate Contract Modification. Submittal coordination and verification is responsibility of Contractor;
this responsibility shall not be delegated in whole or in part to Subcontractors or suppliers. Before
submitting each Submittal, review and coordinate each Submittal with other Submittals and with the
requirements of the Work and the Contract Documents, and determine and verify:
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A. Specified performance criteria, materials, catalog numbers and similar information with respect
thereto;
B. All materials with respect to intended use, shipping, handling, storage, pertaining to the
performance of the Work; and
C. All information relative to Contractor's sole responsibilities and of means, methods, techniques,
sequences and procedures of safety precautions and programs incident thereto.
Contractor's submission to City of a Submittal shall constitute Contractor's representation that it has
satisfied its obligations under the Contract Documents, and as set forth immediately above in this paragraph,
with respect to Contractor's review and approval of that Submittal.
Designation of work "by others," if shown in Submittals, shall mean that work will be responsibility of
Contractor rather than Subcontractor or supplier who has prepared Submittals.
After review by City of each of Contractor's Submittals, one (1) set of material will be returned to Contractor
with actions defined as follows:
A. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future. Submittals and
additional partial Submittals for portions of the Work not covered in this Submittal. Does not
constitute approval or deletion of specified or required items not shown on the Submittal.
B. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as item 1 above,
except that minor corrections as noted shall be made by Contractor.
C. REVISE AS NOTED AND RESUBMIT - Rejected because of major inconsistencies or errors that
shall be resolved or corrected by Contractor prior to subsequent review by City.
D. REJECTED - RESUBMIT - Submitted material does not conform to Drawings and/or
Specifications in major respect, i.e.: wrong size, model, capacity, or material.
Make a complete and acceptable Submittal at least by second submission. City reserves the right to deduct
monies from payments due Contractor to cover additional costs of review beyond the second submission.
Illegible Submittals will be rejected and returned to Contractor for resubmission. Contractor shall be in
breach of the Contract if Contractor's first resubmittal, following a Submittal which City determines falls
within categories C or D above, does not fall within categories A or B above.
Favorable review will not constitute acceptance by City of any responsibility for the accuracy, coordination
and completeness of the Submittals. Accuracy, coordination, and completeness of Submittals shall be sole
responsibility of Contractor, including responsibility to back -check comments, corrections, and
modifications from City's review before fabrication. Contractor, Subcontractors, or suppliers may prepare
Submittals, but Contractor shall ascertain that Submittals meet requirements of Contract Documents. City's
review will be only to assess if the items covered by the Submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible concept of the
completed Project as indicated by the Contract Documents. Favorable review of Submittal, method of work,
or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor
of responsibility for errors therein and shall not be regarded as assumption of risks or liability by City, or any
officer or employee thereof, and Contractor shall have no claim under Contract Documents on account of
failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and
equipment so accepted. Favorable review shall be considered to mean merely that City has no objection to
Contractor using, upon Contractor's own full responsibility, plan or method of work proposed, or furnishing
materials and equipment proposed. City's review will not extend the means, methods, techniques, sequences
or procedures of safety precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item functions.
Submit complete initial Submittal for those items where required by individual Specification Sections.
Complete Submittal shall contain sufficient data to demonstrate that items comply with Specifications, shall
meet minimum requirements for submissions cited in Specification Sections, shall include motor data and
seismic anchorage certifications, where required, and shall include necessary revisions required for
equipment other than first named. If Contractor submits incomplete initial Submittal when complete
Submittal is required, Submittal may be returned to Contractor without review.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -35
Project No. 2011 -01
Copy, conform, and distribute reviewed Submittals in :sufficient numbers for Contractor's files,
Subcontractors, and vendors.
After City's review of Submittal, revise as noted and resubmit as required. Identify changes made since
previous Submittal.
Begin no work that requires Submittals until return of Submittals not requiring resubmittal. Do not
extrapolate from Submittals covering similar work.
Normally, Submittals will be processed and returned to Contractor within 21 Days of receipt. Submittals
received after 12:00 pm will be considered as received on the following Day. For Fridays, the following day
will be considered to be Monday.
Distribute copies of reviewed Submittals to concerned persons. Instruct recipients to promptly report any
inability to comply with provisions.
All Submittals shall be number - identified by Contractor, prior to submission to City, in accordance with the
following:
Sequentially number each Submittal (i.e., "1 ", "2 11 , " 3 ", etc.) as the basis for number identification of
Submittals.
Affix the Submittal number under which each Submittal is made on every copy of product data, sample,
certification, etc.
If the Submittal is a resubmittal (including without limitation after an initial Submittal is rejected, returned
without review or marked `Revise as Noted and Resubmit'), add the suffix designation "A" (i.e., a
resubmittal of Submittal 1 would be numbered IA). Subsequent re- submittals would be identified by the
Submittal number and sequential letters (i.e., "B ", "C ", "D ", etc.).
All Submittals shall include all information requested by each Specification Section. No partial Submittals
will be accepted unless previously authorized by City. In the event a partial Submittal is authorized, each
subsequent different Submittal (as opposed to resubmittal) is given a new number.
Deliver Submittals to City at least 30 Days before dates reviewed Submittals will be needed.
The following table lists the number of initial Submittals required from Contractor for each type of
submission, to whom Contractor shall distribute the information and City's distribution of reviewed
submissions. If Contractor needs more copies of revic wed Submittals returned to it, then either submit
additional copies or make copies from the returned transparency Submittal. Submittals requiring
resubmission will require the same quantity and distribution as an initial Submittal.
SUBMITTAL
Contractor Initial
Submittal
City Submittal
Return
# of Copies/ Prints/
Samples
# of Copies/ Prints/
Samples
Safety Plans
6
Operation Plans
6
1
Material Safety Data Sheets
6
1
Products Supplied
4
1
Materials Safety Data Sheets for all Products
Supplied
3
1
Other Documents
6
1
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -36
Project No. 2011 -01
Submittal transmittal form, in duplicate, shall contain the following:
A. Date, revision date, and Submittal log number.
B. Project name and City's Project number.
C. Contractor's name, address, and job number.
D. Specification Section number clearly identified.
E. The quantity of Product Data, or Samples submitted.
F. Notification of deviations from Contract Documents.
G. Materials Safety Data Sheet (MSDS) for eacl, item complying with OSHA's Hazard
Communication Standard 29 CFR 1910.1200.
H. Other pertinent data.
Submittal shall contain the following:
A. Date and revision dates.
B. Revisions, if any, identified.
C. Project Name and Project Number.
D. The names of:
E. Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinent.
F. Identification of product material by location within the Project.
G. Specification Section number.
H. Applicable reference standards.
I. Identification of deviations from Contract Documents.
J. Contractor's stamp, initialed or signed, with',anguage certifying the review of Submittals,
verification of field measurements, construction criteria and technical standards in compliance with
Contract Documents.
RESUBMISSION REQUIREMENTS:
A. Revise as required and resubmit as specified for initial Submittals.
B. Indicate any changes that have been made oiler than those requested by City.
C. Submit new Product Data and Samples as required for initial Submittals.
NUMBER OF RESUBMISSIONS:
One (1) reexamination of Contractor's Submittals that have been returned for correction or replacement will
be included in City's budget. Any additional reexamination of Contractor's Submittals will be considered
additional scope services to be paid by Contractor through City. Contractor shall pay City (or City may
deduct from any progress or final payment), for engineering personnel,' on an hourly basis at 2.5 times direct
payroll expenses, and for consultant personnel time at 1.25 times the amount billed City.
Schedule of Shop Drawing and Sample Submittals
Not applicable
Safety Program
Prior to the issuance of a Notice to Proceed, submit three (3) copies of Safety Program specific to these
Contract Documents to the City.
Progress Schedule
Not applicable
Product Data
Within ten (10) Days after Start Date of the Contract Time, submit two (2) copies of complete list of major
products proposed for use, with name of manufacturer, telephone number, trade name, and model number of
each product. Tabulate product data by Specification Section.
For products specified only by reference standards, give manufacturer, trade name, model or catalog
designation, and reference standards.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -37
Project No. 2011 -01
PRODUCT OR CATALOG DATA:
Manufacturer's catalog sheets, brochures, diagrams, schedules, charts, illustrations and other standard
descriptive data:
I. Mark each copy to identify pertinent materials, products, or models.
2. Include applicable MSDS.
SUPPLEMENTAL DATA:
I . Submit number of copies that Contractor requires, plus two (2) copies that will be retained
by City.
2. Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturer's standard data to provide information unique to Project.
Shop Drawings
Not applicable
Samples
Not applicable
Quality Assurance Control Submittals
Not applicable
Project Record Documents
Not applicable
Delay of Submittals
Delay of Submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of
late Submittals will be assessed to Contractor.
Optional Review Meeting
At the Contractor's request, in order to facilitate the timeliness of the review process, the City may schedule
a meeting to review the materials submitted. If this option is exercised, the following requirements apply:
Request a meeting date with the City at least ten (10) :Business Days in advance.
Provide the complete package of Submittal information at least five (5) Business Days in advance of the
meeting.
The meeting shall take place at City's office. City will provide the authorized staff to review and respond on
the Submittal information during the meeting.
Make available for this meeting the job superintendent and/or foreman, Contractor's safety officer, and
someone knowledgeable of all the items submitted and authorized to make substitutions or changes.
4.3 Conformity with Contract Documents and Allowable Deviations
Work and materials shall conform to the materials requirements indicated in the specifications. Although
sampling, and testing may be considered evidence as to conformity, City shall be the sole judge as to
whether the work or materials deviate specifications, and City's decision as to any allowable deviations there
from shall be final.
4.4 Order of Work
When required by the Contract Documents, Contractor shall follow the sequence of operations as set forth
therein. Full compensation for conforming to those requirements will be considered as included in the prices
paid for the various contract items of work and no additional compensation will be allowed therefore.
4.5 Drawings and Data to be Furnished by City
Not applicable
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -38
Project No. 2011 -01
4.6 Superintendence
Contractor shall designate, in writing before starting Work, an authorized representative who shall have
complete authority to represent and act for Contractor. Said authorized representative of Contractor shall
normally be present at the Site of the Work at all times while Work is actually in progress on the Contract.
During any period when Work is suspended, arrangements acceptable to City shall be made for any
emergency work, which may be required.
Whenever Contractor or an authorized representative is not present on any part of the Work where it may be
desired to give direction, orders will be given by City, which shall be received and obeyed by the
superintendent who may have charge of the particular work in reference to which the orders are given. Any
order given by City, not otherwise required by the Specifications to be in writing, will, on request of
Contractor, be given or confirmed by City in writing.
Contractor shall designate, in writing, the names and telephone numbers of at least three representatives who
could be contacted at any time in the event that an emergency occurs.
4.7 Character of Workers
Any subcontractor, or person employed by Contractor or subcontractor, who fails or refuses to carry out the
directions of City, or appears to City to be incompetent or to act in a disorderly or improper manner, shall be
removed from the Work immediately on the written request of City, and such person shall not again be
employed on the Work.
4.8 Layout of Work and Surveys
Not applicable
4.9 Warranty and Inspection
General Representations and Warranties: Contractor r .-presents and warrants that it is and will be at all times
fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with
the terms of Contract Documents. Contractor warrants that all janitorial services shall be performed in
accordance with generally accepted professional standards of good and sound janitorial practices and all
requirements of Contract Documents. Contractor warrants that Work, including but not limited to each item
of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its
intended use, and free from defects in design, engineering, materials, construction and workmanship.
Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state
and local laws, applicable codes and standards, licenses, and permits, Specifications and all descriptions set
forth therein, and all other requirements of Contract Documents. Contractor shall not be responsible,
however, for the negligence of others in the specification of specific equipment, materials, design parameters
and means or methods of janitorial service where that is specifically shown and expressly required by
Contract Documents.
Extended Guarantees: Any guarantee exceeding one year provided by the supplier or manufacturer of any
materials used in the Project shall be extended for such term. Contractor expressly agrees to act as co-
guarantor of such equipment and materials and shall supply City with all warranty and guarantee documents
relative to equipment and materials incorporated in the. Project and guaranteed by their suppliers or
manufacturers.
Inspection. City shall at all times have access to the Work and shall be furnished with every reasonable
facility for ascertaining that the materials and the quality of performance are in accordance with the
requirements and intentions of the Specifications. All Work done and all materials furnished shall be subject
to City's inspection and approval.
The day -to -day inspection performed by the various inspectors employed by City shall not constitute
approval or ratification of Work improperly done by Contractor. City is the only person authorized to
recommend acceptance or rejection of Work and materials.
The presence or absence of an inspector during performance of the Work shall not relieve Contractor of any
obligation to fulfill the Contract. It shall be the duty of Contractor to see that all provisions are complied with
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -39
Project No. 2011 -01
in detail, irrespective of the inspection given the Work during its progress by City or representatives of City.
Any plan or method suggested to Contractor by City or an inspector, but not specified or required, if adopted
or followed in whole or in part, shall be used at the risk and responsibility of Contractor; and City and City
will assume no responsibility therefore.
Should it be considered necessary or advisable by City at any time before Acceptance of the entire Work to
make an examination of Work already completed by removing or tearing out same, Contractor shall, on
request, promptly furnish all necessary facilities, labor, and material. If such Work is found to be defective or
nonconforming in any material respect, due to the fault of Contractor or subcontractors, Contractor shall pay
all the expenses of such examination and of satisfactory reconstruction. If, however, such Work is found to
meet the requirements of the Contract, an equitable adjustment shall be made in the Contract Price to
compensate Contractor for the additional services involved in such examination and reconstruction and, if
completion of the Work has been delayed thereby, Contractor shall, in addition, be granted an appropriate
extension of time.
Any inspection, evaluation, or test performed by or on behalf of City relating to the Work is solely for the
benefit of City, and shall not be relied upon by Contractor. Contractor shall not be relieved of its absolute
obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty,
warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by City, whether
or not such inspections, evaluations, or tests are permitted or required under the Contract Documents.
Contractor shall be solely responsible for testing and inspecting Work already performed to determine
whether such Work is in proper condition to receive later Work.
A. REJECTION OF WARRANTIES: CITY RESERVES RIGHT TO REJECT
UNSOLICITED AND COINCIDENTAL PRODUCT WARRANTIES THAT DETRACT
FROM OR CONFUSE REQUIREMENTS OR INTERPRETATIONS OF CONTRACT
DOCUMENTS.
4.10 Defective and Unauthorized Work
All Work, which has been rejected, shall be remedied promptly in an acceptable manner at no additional cost
to City.
Payment will not be made for any Work extra work done without written authority, and such Work will be -
considered as unauthorized. Work so done may be ordered remedied, removed, or replaced.
If Contractor should fail to comply promptly with any order of City made under the provisions of this, City
may cause rejected or unauthorized Work to be remedied, removed, or replaced, and the costs thereof to be
deducted from any moneys due or to become due Contractor.
4.11 Construction Equipment and Plant
Not applicable
4.12 Substantial Completion, Final Completion and Final Acceptance
Not applicable
SECTION 5. CONTROL OF MATERIALS
5.1 Source of Supply and Quality of Materials.
Contractor shall furnish all materials required to complete the work, except materials that are designated in
the specifications to be furnished by City.
Only materials conforming to the requirements of the specifications shall be incorporated in the work.
The materials furnished and used shall be new, except as may be provided elsewhere in these specifications,
on the plans or in the Special Provisions. The materials shall be manufactured, handled, and use in a
City of Cupertino
2011 Contractual
Janitorial Services
DOCUME14T 00700 -40
Project No. 2011 -01
workmanlike manner to ensure completed work in accordance with the plans and specifications. Materials to
be used in the work will be subject to inspection and tests by City or City's designated representative.
Contractor shall furnish without charge such samples as may be required.
Contractor shall furnish City a list of Contractor's sources of materials and the locations at which those
materials will be available for inspection. The list shall be submitted on a City approved form and shall be
furnished to City in sufficient time to permit inspection and testing of materials to be furnished from the
listed sources in advance of their use. City may inspect, sample or test materials at the source of supply or
other locations, but the inspection, sampling or testing will not be undertaken until City is assured by
Contractor of the cooperation and assistance of both Contractor and the supplier of the material. Contractor
shall assure that City or City's authorized representative has free access at all times to the material to be
inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than
the point of incorporation in the work in no way shall be considered a s guaranty of acceptance of the
material nor of continued acceptance of material presumed to be similar to that upon which inspections and
tests have been made, and that inspection and testing performed by the State shall not relieve Contractor or
Contractor's suppliers of responsibility for quality control.
Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain
Sections or materials incorporated in the work, shall be delivered to City before acceptance of the contract.
Reports and records of inspections made and tests per - ormed, when available at the site of the work, may be
examined by Contractor.
5.2 City- Furnished Materials.
Materials, which are listed as City- furnished materials in the Special Provisions, will be available to
Contractor free of charge.
Contractor shall submit a written request to City for the delivery of City- furnished materials at least 5 days in
advance of the date of its intended use. The request shall state the quantity and the type of each material.
The locations at which City - furnished materials will be available to Contractor free of charge will be
designated in the Special Provisions. In those cases said materials shall be hauled to the site of the work by
Contractor at Contractor's expense, including any necessary loading and unloading that may be involved. If
the locations are not designated in the Special Provisions, City- furnished materials will be furnished to
Contractor free of charge at the site of the project. In either case, all costs of handling and placing City-
furnished material shall be considered as included in the price paid for the contract item involving the State -
furnished material.
Contractor shall be responsible for all City- furnished materials furnished to Contractor, and shall pay all
demurrage and storage charges. City- furnished materials lost or damaged from any cause whatsoever shall
be replaced by Contractor at Contractor's expense. Contractor shall be liable to City for the cost of replacing
City- furnished material and those costs may be deducted from any moneys due or to become due Contractor.
All City- furnished material that is not used on the work shall remain the property of the City and shall be
delivered to City.
City reserves right to furnish materials as it deems advisable, and Contractor shall have no claims for costs
and overhead and profit on such materials.
5.3 Storage of Materials
Sections or materials to be incorporated in the work shall be stored in such a manner as to ensure the
preservation of their quality and fitness for the work, and to facilitate inspection.
5.4 Defective Materials
All materials which City has determined to not conform to the requirements of the plans and specifications
will be rejected whether in place or not. They shall be removed immediately from the site of the work,
unless otherwise permitted by City. No rejected material, the defects of which have been subsequently
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -41
Project No. 2011 -01
corrected, shall be used in the work unless approval in writing has been given by City. Upon failure of
Contractor to comply promptly with any order of City made under the provisions in this Section 5, City shall
have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from
any moneys due or to become due Contractor.
5.5 Plant Inspection
Not applicable.
5.6 Certificates of Compliance
A Certificate of Compliance may be required by City prior to the use of any materials for which these
specifications or the Special Provisions require. In addition, when so authorized in these specifications or in
the Special Provisions, City may permit the use of cen:ain materials or assemblies prior to sampling and
testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of
the material or the manufacturer of assembled materials and shall state that the materials involved comply in
all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with
each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The
fact that material is used on the basis of a Certificate cf Compliance shall not relieve Contractor of the
requirements of the plans and specifications and any material not conforming to the requirements will be
subject to rejection whether in place or not.
City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by City.
5.7 State Specification Numbers
Not applicable
5.8 Testing
Not applicable
SECTION 6. LEGAL RELATIONS AND RESPONSIBILITY
6.1 Laws to be Observed
Contractor shall remain informed of and in compliance with all applicable existing and future federal, state,
county, and municipal laws, codes, ordinances, rules and regulations, including but not limited to, those cited
herein.
6.2 Labor Discrimination
In the performance of the Contract, Contractor shall not discriminate against an employee or applicant for
employment because of race, color, religious creed, ancestry, sex, age, national origin, physical handicap,
medical condition, or marital status. Section 1735 of the Labor Code and Sections 12990 et seq. of the
Government Code are incorporated herein in full by this reference.
6.3 Employment of Labor
In the employment of labor in the performance of the Contract, City desires that Contractor and all
subcontractors shall, wherever possible, give first consideration to residents of the County.
6.4 Prevailing Wages
In accordance with provisions of Section 1773 of the Labor Code, the Director of the California Department
of Industrial Relations has determined that janitorial or custodial services of routine recurring or usual
nature, is excluded from prevailing wage requirements. The Contractor shall keep fully informed of all
existing and future Sate and Federal laws and City ordinances and regulations, which in any manner affect
those engaged or employed in the work.. Pursuant to Section 1861 of the Labor Code, Contractor represents
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -42
Project No. 2011 -01
that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self - insurance in accordance with the
provisions of that Code, and Contractor shall comply with such provisions before commencing the
performance of the Work of the Contract Documents.
6.5 Hours of Labor and Work
Eight hours' labor constitutes a legal day's work. Contractor shall forfeit as a penalty to City, $25 for each
worker employed in the execution of the Contract by Contractor or by any subcontractor for each day during
which such worker is required or permitted to labor more than 8 hours in violation of Labor Code Sections
1810 to 1815, inclusive, except as provided for under Labor Code Section 1815.
Work hours are typically 11:00 P.M. to 6:00 A.M., seven days a week. Janitorial and other required work at
parks generally occurs either one hour after dusk or at 10:00pm. No holiday's are observed for this contract.
6.6 Apprentices
Not applicable
6.7 Permits and Licenses
Not applicable
6.8 Patents and Copyrights
Contractor shall assume all costs including any costs of defense arising from the use of any copyrighted
composition, secret process, patented or unpatented invention, Section, equipment, device, or appliance
manufactured, furnished, or used in the performance of the Contract, including their use by City, unless
otherwise specifically stipulated in the Specifications.
6.9 Public Safety
Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs and provide such flagging
and guards as are necessary in the opinion of City or public agency having jurisdiction, to give adequate
warning to the public of janitorial services and of any dangerous condition to be encountered as a result
thereof.
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the
public and shall have under maintenance no greater length or amount of work than can be prosecuted
properly with due regard to the rights of the public.
6.10 Accident Prevention
Contractor shall comply with the California Occupational Safety and Health Act (Labor Code Section 6300
et seq.) and Title 8 of the Code of Regulations, and will also take, or cause to be taken, such additional
measures as may be necessary for the prevention of accidents.
Designate one of Contractor's staff as "Site Safety Officer" whose duties shall include the responsibility for
enforcing the environmental protection provisions of the Contract Documents including safety and health,
the requirements of the Occupational Safety and Health Act, and other applicable federal, state and local
standards. Submit for review by City the Contractor's environmental safety and health plan. After review by
City, the implementation and enforcement of these plans shall become the responsibility of the Site Safety
Officer. Any changes in the plans shall be requested by Contractor through the Site Safety Officer for
written concurrence by City.
Prior to commencement of Work Contractor shall (1) ; 3ubmit proposals in writing for effectuating provisions
for accident prevention, and (2) meet in conference with City to discuss and develop mutual understandings
relative to administration of an overall safety program.
During the performance of Work under the Contract, Contractor shall institute controls and procedures for
the control and safety of persons visiting the job -Site.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -43
Project No. 2011 -01
Contractor shall maintain an accurate record of, and shall report to City in writing, exposure data and all
accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials,
supplies, or equipment incident to Work performed under the Contract.
City will notify Contractor of any noncompliance with the foregoing provisions. Contractor shall, after
receipt of such notice, immediately take corrective action. If Contractor fails or refuses to comply
immediately, the matter will be referred to the proper authority. No part of the time lost due to any stop order
issued by proper authority shall be made the subject or claim for extension of time or for extra costs or
damages by Contractor.
Compliance with the provisions of this Section by Subcontractors will be the responsibility of Contractor.
6.11 Explosives and Stream Pollution
This section not applicable to City projects.
6.12 Fire Protection Plan
Not applicable
6.13 Interference with Fire Hydrants, Highways, and Fences
Not applicable
6.14 Preservation of Property
Contractor shall not damage existing improvements, utility facilities, and adjacent property, real and
personal. Any damage to improvements or property, whether above or below the ground, private or public,
within or adjacent to the project limits, arising from, or in consequence of, the performance of the Contract
shall be repaired at once by Contractor. If City requires such repair to be made prior to the execution or
continued performance of any part of the Work included in this Contract, City will so notify Contractor who
shall delay or discontinue the performance of that part of the Work until the necessary repair has been made.
Such delay shall not be considered unavoidable, and no extension of time for completion of the Contract will
be allowed therefore.
When ordered by City to make any such repair, Contractor shall start work thereon within four (4) hours and
shall prosecute the same with diligence to completion. Upon failure of Contractor to so comply with such
order, or upon Contractor's failure to make immediate emergency repairs reasonably determined by City to
be necessary in the best interests of the public, City shall have authority to cause such repair to be made and
to deduct the costs thereof from any money due, or which may become due, Contractor.
In an emergency affecting the safety of life or property including adjoining property, Contractor shall act to
prevent, to the extent possible, such threatened loss or injury, whether or not instructed to do so by City.
6.15 Contractor's Responsibility for Work
Not applicable
6.16 Indemnification
City, and each of their officers, employees, consultarr:s and agents, shall not be liable or accountable in any
manner for:
A Loss or damage that may happen to the Work or any part thereof,
B Loss or damage to materials, equipment, tool; or other things used or employed in performing the
Work;
C Injury, sickness, disease, or death of any person, including, but not limited to, workers and the
public; or
D Damage to property;
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -44
Project No. 2011 -01
E Resulting from any cause whatsoever except their sole negligence, willful misconduct or active
negligence, attributable to performance or character of the Work, and Contractor releases all of the
foregoing persons and entities from any and all such claims.
To the furthest extent permitted by law (including without limitation California Civil Code Section 2782),
Contractor shall assume defense of, and indemnify, and hold harmless City, and each of their officers,
employees, consultants and agents, including, but not limited to, the Council, City and each City
representative, from claims, suits, actions, losses and liability of every kind, nature and description, including
but not limited to attorneys' fees and consultants' fees, directly or indirectly arising out of, connected with or
resulting from performance of the Work, failure to perform the Work, or condition of the Work which is
caused in whole or part by any act or omission of Contractor, Subcontractors, any one directly or indirectly
employed by any of them or any one for whose acts any of them may be liable, regardless of whether it is
caused in part by the negligence of City or by any person or entity required to be indemnified hereunder.
With respect to third party claims against Contractor, Contractor waives any and all rights to any type of
express or implied indemnity against City, and each oftheir officers, employees, consultants and agents,
including, but not limited to, the Council, City representative.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the
indemnities, releases of liability and limitations of liability, and limitations of remedy expressed throughout
the Contract Documents shall apply even in the event of breach of contract, negligence (active or passive),
fault or strict liability of the party[s] indemnified, released, or limited in liability, and shall survive the
termination, rescission, breach, or completion of the Contract Documents. If Contractor fails to perform any
of these defense or indemnity obligations, City may in its discretion back charge Contractor for its costs and
damages resulting there from and withhold such sums from progress payments or other contract monies
which may become due.
The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole
negligence or willful misconduct; nor shall they apply to City to the extent of its active negligence.
6.17 Payment of Taxes
Except as otherwise specifically provided in the Special Provisions, the Contract Prices shall include full
compensation for all current and future taxes of any type which Contractor is required to pay, whether
imposed by federal, state, or local government, and no tax exemption certificate or any other document
designed to exempt Contractor from payment of tax will be furnished to Contractor by City.
6.18 Cooperation with Others
City reserves the right to do other work on or near the Project. Contractor shall cooperate with others and
conduct Work so as to facilitate work by City or others and prevent delay, additional expense, or hindrance
thereto. Contractor shall request from, and exchange with others, data, and information as necessary to
insure proper completion of the project and work of others. Contractor shall furnish copies of
correspondence exchanged with other contractors to City.
Contractor shall conduct, adjust, correct, and coordinate Work with work of others so that the Project shall
be free of defects.
6.19 Property Rights in Materials
Nothing in the Contract shall be construed as vesting in Contractor any right of property in the materials used
after they have been used. All such materials shall become the property of City upon being so attached or
affixed or upon payment of such 90 percent of the value of materials delivered by Contractor on the ground
and not used.
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6.20 Rights in Land and Improvements
Nothing in these Specifications shall be construed as allowing Contractor to make any arrangements with
any person to permit occupancy or use of any land, stn.icture, or building within the limits of the Contract for
any purpose whatsoever, either with or without compensation, in conflict with any agreement between City
and any owner, former owner, or tenant of such land, structure, or building.
6.21 Title to Materials Found on the Work
Not applicable
6.22 Trespass
Contractor shall be responsible for all damage or injury which may be caused on any property by trespass by
Contractor, any subcontractor, or their employees in the course of their employment, whether the said
trespass was committed with or without the consent or knowledge of Contractor.
6.23 Subcontracting
The Contractor shall give personal attention to the fu' fillment of the contract and shall keep the work under
the Contractor's control.
No subcontractor will be recognized as such, and all. persons engaged in the work of construction will be
considered as employees of the Contractor and the Contractor will be held responsible for their work, which
shall be subject to the provisions of the contract and specifications.
The Contractor shall perform, with the Contractor's own organization, contract work amounting to not less
than 95 percent of the original total contract price, except that any designated "Specialty Items" may be
performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may
be deducted from the original total contract price before computing the amount of work required to be
performed by the Contractor with the Contractor's own organization. When items of work in the Bid Form,
(Document 00400) are preceded by the letters (S), those items are designated as "Specialty Items." Where an
entire item is subcontracted, the value of work subcontracted will be based on the contract item bid price.
When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated
percentage of the contract item bid price, determined from information submitted by the Contractor, subject
to approval by the Engineer.
Subcontracts shall include provisions that the contract between the City and the Contractor is part of the
subcontract, and that all terms and provisions of the contract are incorporated in the subcontract.
Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and
qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available
to the City upon written request, and shall be provided to the City at the time any litigation against the City
concerning the project is filed.
Before work is started on a subcontract, the Contractor shall file with the City a written statement showing
the work to be subcontracted, the names of the subcontractors and the description of each portion of the work
to be subcontracted.
When a portion of the work, which has been subcontracted by the Contractor, is not being prosecuted in a
manner satisfactory to the City, the subcontractor shall be removed immediately on the requisition of the
Cityr and shall not again be employed on the work.
Contractor shall comply with Subletting and Subcontracting Fair Practices Act commencing with Section
4100 of the Public Contract Code Violations shall subject Contractor to penalties described in the Act.
In accordance with Section 4107 of the Public Contract Code, City Council or its designated authorized
officer is the awarding authority for the purpose of consenting to a substitute subcontractor.
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6.24 Tunnel Construction Safety
Not applicable
6.25 Cultural Resources
Not applicable
6.26 Sound Control
Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that
apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose; on the job or related to the job, shall be equipped
with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be
operated on the project without the muffler.
6.27 Site Security
Contractor shall take and be fully responsible for all reasonably required measures to protect and maintain
the security of persons, existing facilities and property at the Site, including without limitation preventing
theft, loss, vandalism and improper concealment of personal property of the City and all persons lawfully
present on the Site, and including times where workers are not present on the Site. Contractor's measures
shall include, at a minimum, maintaining a log of all persons entering and leaving the Site and who they
represent, what they are delivering and to whom.
Contractor shall repair all damage to City's property resulting from Contractor's failure to provide adequate
security measures at no cost to City.
6.28 Public Facilities
Whenever practical, Chris Orr — Facilities Supervisor, is to be contacted in advance for coordination /
notification (if required) of utility companies. For reference, the following contacts are provided:
A. Storm drainage lines:
City of Cupertino
B. Water:
San Jose Water Co., 374 West Santa Clara, San Jose, CA 95113-9971, Phone: 408 - 279 -7900
California Water Co., 949 B Street, Los Altos, CA 94024, Phone: 650- 917 -0152
C. Cable:
Comcast, 1900 S. Tenth St., San Jose, CA 95112, Phone: 408 - 918 -3230
D. Electrical/Gas:
Pacific Gas & Electric, 10900 N. Blaney Ave., Cupertino, CA 95014, Phone: 408 - 725 -2098
E. Phone:
Pacific Bell /AT &T, 3475 B N. First Street, San Jose, CA 95134, Phone: 408 - 493 -7236
F. Sanitary:
Cupertino Sanitary, 20833 Stevens Creek Blvd., Suite 104, Cupertino, CA 95014, Phone: 408 -259-
7071
6.29 Legal Actions Against the City
No representative, officer, or employee of City, no member of the governing body of the locality in which
the Project is situated, no member of the locality in which City was activated, and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the Project, during
the tenure of the official or for one year thereafter, shall, as principal, agent, attorney or otherwise, be
directly or indirectly interested, in the Contract Documents or the proceeds thereof.
6.30 Limit of Liability
City, and each of its officers, the City Council, employees, consultants (including without limitation
consulting engineer) and agents including, but not limited to, engineer each other city representative shall
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have no liability to contractor for special, consequential, or incidental damages, except to the limited extent
that these contract documents or applicable public contracting statutes may specify their recovery.
SECTION 7. PROSECUTION AND PROGRESS OF WORK
7.1 Assignment
The performance of the Contract may not be assigned except upon the written consent of the Council.
Consent will not be given to any proposed assignment, which would relieve the original Contractor or surety
of their responsibilities under the Contract.
Contractor may assign moneys due, or to become due tinder the Contract, and such assignment will be
recognized by City, if given proper notice thereof, to the extent permitted by law, but any assignment of
moneys shall be subject to all proper setoffs in favor of City and to all deductions provided for in the
Contract and particularly all money withheld, whether assigned or not, shall be subject to being used by City
for the completion of the Work in the event that Contractor should be in default therein.
7.2 Notice to Proceed
The Contract Time will commence to run on the date indicated on the Notice to Proceed. Contractor shall
not do any work at the site prior to the date on which the Contract Time commences to run.
7.3 Commencement of Work
Contractor shall not begin Work until receipt from City of the Notice to Proceed, and shall, upon receiving
notice, begin Work within the time specified in the notice. The time specified in said notice will allow a
period of at least 10 days after the date of said notice for commencement of Work. After receipt of said
notice, Contractor shall diligently prosecute the Work to completion. Work is to start on July 1, 2011.
No Work shall begin until the Contract, bonds and cet7:ificates of insurance required by Section 2 have been
received and approved.
7.4 Work Progress Schedule
Not applicable
7.5 Temporary Suspension of Work
By written order to Contractor, City may suspend the Work wholly or in part for an indefinite period, or for
such period as City may deem necessary, for any of the following reasons:
Failure of Contractor to carry out orders given or to perform any provisions of the Contract; or
The convenience and benefit of City.
Such suspension shall be effective upon receipt by Contractor of the written order suspending the Work and
shall be terminated upon receipt by Contractor of the written order terminating the suspension.
If, under authority of Convenience and benefit of City, as stated above, City orders a suspension of all or a
portion of the Work, which is the current controlling operation, it will be cause for a time extension if it
affects the controlling item of Work.
7.6 Liquidated Damages
The Contractor understands that he shall pay to the City of Cupertino One Hundred Fifty Dollars ($150.00)
per day, for each and every occurrence that a services3 item (task as specified in the Technical Provisions) is
not completed within the required times per facility. The Contractor further understands that he shall pay to
the City of Cupertino One Thousand Dollars ($1,000.00) per day, for each and every occurrence were all the
services at a facility were not completed within the required times per facility. This does not relieve the
Contractor from his responsibility of completing the required services that were not completed as scheduled.
Any service not completed as scheduled shall be completed at the Contractor's expense and Contractor must
respond and have crews at the site within 2 hours from the call back by the City.
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7.7 Termination of Control
Failure to supply an adequate working force or material of proper quality, or in any other respect to prosecute
the Work with the diligence and force specified by the Contract, is grounds for termination of Contractor's
control over the Work and for taking over the Work by City.
7.8 Termination of Contract for Cause
Contractor shall be in default of the Contract Documents and City may terminate Contractor's right to
proceed under the Contract Documents, for cause, should Contractor commit a material breach of the
Contract Documents and not cure such breach within fen (10) calendar days of the date of notice from City to
Contractor demanding such cure; or, if such breach is curable but not curable within such ten (10) day
period, within such period of time as is reasonably necessary to accomplish such cure. (In order for
Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide City within
the ten (10) day period with a written plan acceptable to City to cure said breach, and then diligently
commence and continue such cure according to the written plan).
In the event of termination by City as provided above for cause, Contractor shall deliver to City possession
of the Work in its then condition, including but not limited to Project records, cost data of all types, and
specifications and contracts with vendors and subcontractors, all other documentation associated with the
Project, and all construction supplies and aids dedicated solely to performing the Work which, in the normal
course of janitorial work, would be consumed or only have salvage value at the end of the janitorial service
period. Contractor shall remain fully liable for the failure of any Work completed and materials and
equipment provided through the date of such termination to comply with the provisions of the Contract
Documents. The provisions of this Section shall not tie interpreted to diminish any right which City may
have to claim and recover damages for any breach of the Contract Documents or otherwise, but rather,
Contractor shall compensate City for all loss, cost, damage, expense, and/or liability suffered by City as a
result of such termination and failure to comply with the Contract Documents.
In the event a termination for cause is later determined to have been made wrongfully or without cause, then
the termination shall be treated as a termination for convenience, and Contractor shall have no greater rights
than it would have had following a termination for convenience. Any Contractor claim arising out of a
termination for cause shall be made in accord with Section 9 herein. No other loss, cost, damage, expense or
liability may be claimed, requested or recovered by Contractor.
7.9 Termination of Contract for Convenience
A. City may terminate performance of the Wort, under the Contract Documents in accordance with this
clause in whole, or from time to time in part, whenever City shall determine that termination is in
City's best interest. Termination shall be effected by City delivering to Contractor notice of
termination specifying the extent to which performance of the Work under the Contract Documents
is terminated and the effective date of the termination.
B. After receiving a notice of termination, and except as otherwise directed by City, Contractor shall:
1. Stop Work under the Contract Documents on date and to extent specified in notice of
termination;
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2. Place no further orders or subcontracts for materials, services, or facilities except as
necessary to complete portion of Work under the Contract Documents which is not
terminated;
3. Terminate all orders and subcontracts to extent that they relate to performance of Work
terminated by the notice of termination;
4. Assign to City in manner, at times, and to extent directed by City, all right, title, and
interest of Contractor under orders and subcontracts so terminated. City shall have the
right, in its sole discretion, to settle or pay any or all claims arising out of termination of
orders and subcontracts;
5. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with approval or ratification of City to extent City may require. City's
approval or ratification shall be final for purposes of this section;
6. Transfer title to City, and deliver in the manner, at the times, and to the extent, if any,
directed by City, all fabricated or un- fabricated parts, Work in process, completed Work,
supplies, and all other material produced as part of, or acquired in connection with
performance of, Work terminated by the notice of termination, and completed or partially
completed drawings, drawings, specifications, information, and other property which, if
the Project had been completed, would have been required to be furnished to City;
7. Use its best efforts to sell, in manner, at times, to extent, and at price or prices that City
directs or authorizes, any propert v of types referred to in preceding paragraph, but
Contractor shall not be required to extend credit to any purchaser, and may acquire any
such property under conditions prescribed and at price or prices approved by City.
Proceeds of transfer or disposition shall be applied to reduce payments to be made by City
to Contractor under the Contract Documents or shall otherwise be credited to the price or
cost of Work covered by Contract Documents or paid in such other manner as City may
direct;
8. Complete performance of the part of the Work which was not terminated by the notice of
termination; and
9. Take such action as may be necessary, or as City may direct, to protect and preserve all
property related to Contract Documents which is in Contractor's possession and in which
City has or may acquire interest.
C. After receipt of a notice of termination, Contractor shall submit to City its termination claim, in
form and with all certifications required by Section 9. Contractor's termination claim shall be
submitted promptly, but in no event later than 6 months from effective date of the termination.
Contractor and City may agree upon the whole or part of the amount or amounts to be paid to
Contractor because of a total or partial termination of Work under this Section. If Contractor and
City fail to agree on the whole amount to be paid to Contractor because of the termination of the
Work under this Section, City's total liability to Contractor by reason of the termination shall be
the total (without duplication of any items) of:
1. The reasonable cost to Contractor, without profit, for all Work performed prior to the
effective date of the termination, including Work done to secure the Project for
termination. Reasonable cost may not exceed the applicable percentage completion values
derived from the progress schedule and the schedule of values. Deductions shall be made
for cost of materials to be retained by Contractor, cost of Work defectively performed,
amounts realized by sale of materials, and for other appropriate credits against cost of
Work. Reasonable cost will include reasonable allowance for Project overhead and
general administrative overhead not to exceed a total of ten percent of direct costs of such
Work. When, in City's opinion, the cost of any item of Work is excessively high due to
costs incurred to remedy or replace defective or rejected Work, reasonable cost to be
allowed will be the estimated reasonable cost of performing the Work in compliance with
requirements of Contract Documents and excessive actual cost shall be disallowed.
2. A reasonable allowance for profit on cost of Work performed as determined in the
preceding paragraph, provided that Contractor establishes to City's satisfaction that
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Contractor would have made a profit had the Project been completed, and provided further
that the profit allowed shall not exceed 5 percent of cost.
Reasonable costs to Contractor of handling material returned to vendors, delivered to City
or otherwise disposed of as directed by City.
A reasonable allowance for Contractor's internal administrative costs in preparing
termination claim.
Except as provided in this Section, City shall not be liable for costs incurred by Contractor
or Subcontractors after receipt of a. notice of termination. Such non - recoverable costs
include, but are not limited to, anticipated profits on Work not performed as of the date of
termination, post - termination employee salaries, post - termination general administrative
expenses, post - termination overhead or unabsorbed overhead, costs of preparing and
submitting Contractor's Bid, attorney's fees of any type, and all costs relating to
prosecution of claim or lawsuit.
City shall have no obligation to pay Contractor under this Section unless and until
Contractor provides City with updated and acceptable as- builts and Project Record
Documents for Work completed prior to termination.
D. In arriving at the amount due Contractor under this clause, there shall be deducted in whole
(or in the appropriate parts] if the termination is partial):
1. All unliquidated advances or other payments on account previously made to Contractor,
including without limitation all payments applicable to the terminated portion of Contract
Documents;
2. Any claim which City may have against Contractor in connection with Contract
Documents; and
3. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by
Contractor or sold under provisions of this Section, and not otherwise recovered by or
credited to City.
7.10 Contractor's Cost Data
Contractor shall maintain cost accounting records for the contract pertaining to, and in such a manner as to
provide a clear distinction between, the following six categories of costs of work during the life of the
contact:
A. Direct costs of contract item work.
B. Direct costs of changes in character in conformance with Section 3.3, Change in Work.
C. Direct costs of extra work in conformance with Section 3.3, Change in Work.
D. Direct costs of work not required by the contract and performed for others.
E. Direct costs of work performed under a notice of potential claim in conformance with the provisions
in Section 9.
F. Indirect costs of overhead.
See also section 3.4, Change in Contract Price, regarding cost accounting records for daily extra work.
City shall have the right to inspect, audit, and copy Contractor's books and records related to the Project
wherever located, and to inspect the Site, or other job Site office, and this requirement shall be contained in
the subcontracts of Subcontractors working on Site. Contractor shall maintain in good order and City shall
have the right to inspect and obtain copies of the following documents at all times: all Contract Documents, ,
all Bid Documents, or other cost reduction proposals, all revisions, and all job progress reports and
photographs maintained by Contractor.
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City or any of its duly authorized representatives shall, from start of work until the expiration of 4 years after
filing the Notice of Completion and Acceptance under this Contract or any subcontract under it, have access
to and the right to examine any of Contractor's or subcontractor's payrolls, records of personnel, invoices of
materials, records of plant and equipment costs, and any and all other directly pertinent books, documents,
papers, and records of such Contractor or subcontractors, involving transactions related to said Contract or
subcontracts. In the event State or Federal funds are involved in the financing of the project, the State or
Federal Government shall have the same rights of inspection as City.
The cost accounting records for this Contract shall be maintained separately from other contracts during the
life of this Contract, and for a period of not less than 3 years after the date of acceptance of the Work. If
Contractor intends to file claims against City, Contractor shall keep all required cost accounting records until
complete resolution of all claims has been reached.
7.11 Coordination with Utilities
Not applicable
7.12 Temporary Facilities
Not applicable
7.13 Project Record Documents
Not applicable
7.14 Preconstruction Conference
City will call for and administer Preconstruction Conference at time and place to be announced (usually the
week prior to start of Work).
Contractor, all major Subcontractors, and major suppliers shall attend Preconstruction Conference.
City will distribute copies of minutes to attendees. Attendees shall have 7 Days to submit comments or
additions to minutes. Minutes will constitute final memorialization of results of Preconstruction Conference.
7.15 Weekly Progress Meeting
City will schedule and administer weekly progress meetings throughout duration of Work. Progress
meetings will be held weekly unless otherwise directed by City.
Meetings shall be held at various City buildings unless otherwise directed by City.
Progress meetings shall be attended by Contractor's job superintendent, City, and others as appropriate to
agenda topics for each meeting.
Agenda will contain the following items, as appropriate:
• Review, revise as necessary, and approve previous meeting minutes
• Review of Work progress since last meeting
• Status of Work Schedule and adjustments
• Review of the Contractor's safety program activities and results, including report on all serious
injury and/or damage accidents
• Other items affecting progress of Work
7.16 Right of Way Delays
Not applicable
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SECTION 8. MEASUREMENT AND PAYMENT
8.1 Measurement of Quantities
All Work except Work based on time and materials will be paid for at a contract price per unit of
measurement and will be measured by City in accordance with the United States Standard Measures and
Metric. Unless otherwise specifically provided, City will compute quantities by a method, which, in City's
opinion, is best, suited to obtain an accurate determination.
8.2 Deductions from Payments
City may, at its option and at any time, retain out of any amounts due Contractor, sums sufficient to cover
claims, filed pursuant to Section 3179 et seq. of the Civil Code.
8.3 Progress Payment
Unless otherwise agreed, Contractor shall submit to City, on or before the first (0) day of each month, five (5)
copies of a request for payment for the cost of the Work put in place during the period from the I st day of the
previous month to the 30th day of the previous month. Such requests for progress payments shall be based
upon prices of all labor and acceptable materials incorporated in the Work up until midnight of the last day of
that one month period, less the aggregate of previous payments. If Contractor is late submitting its payment
request, that payment request may be processed at any time during the succeeding one month period, resulting
in processing of Contractor's payment request being de'iayed for more than a day for day basis.
Acceptable materials shall be those materials, which will become a part of the finished construction work.
The basis for partial payments of lump sum or other unit Contract items will be determined by Contract
between City and Contractor. City shall retain 0 percent of such estimated value of work done and 0 percent
of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid, and
shall pay to Contractor, while carrying on the Work, the balance not retained as aforesaid, after deducting
there from all previous payments and all sums to be kept or retained under the provisions of the Contract.
However, at any time after 50 percent of the Work has been completed, if City finds that satisfactory
progress is being made, City may make any of the remaining progress payments in full for actual Work
completed, or may withhold any amount up to 0 percent thereof, as City may find appropriate, based on
Contractor's progress. No such estimate or payment shall be required to be made when, in the judgment of
City, the Work is not proceeding in accordance with the provisions of the Contract, or when, in City's
judgment, the total value of the Work done since the last estimate amounts to less than $1,000. No such
estimate or payment shall be considered to be an acce of any defective Work or improper materials.
All progress estimates and payments shall be subject to correction in the final estimate.
Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the payment
request and that Contractor has fulfilled all scheduling requirements of this Document 00700 including updates
and revisions. The certification shall be executed by a responsible officer of Contractor.
8.4 FINAL PAYMENT
As soon as practicable after Final Acceptance of the Work, Contractor shall submit to City five (5) copies of
a final request for payment for the cost of the Work, which request will show deductions for prior payments
and any other amounts to be retained under Section 8.2, Deduction from Payments. The amount determined
due, less the amount retained, will be paid. This retained amount will not be due or payable until 35 days
after the completion of all of the Work including punch list items and the recording of Notice of Completion
and Final Acceptance in the manner provided by law, and until after Contractor has furnished City a release
of any and all claims by Contractor or Subcontractors (Document 00650) against City arising by virtue of
this Contract, except such claims in definite amounts as Contractor may specifically exempt from the
operation of the release and the furnishing of any guaranty.
8.5 Scope of Payment
Payment for all items of Work at the unit or lump sum price shall be considered as full compensation for
furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the item of Work, and
no additional allowance will be made therefore.
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Payment for items of Work which are called for in the Specifications or shown on the Drawings but which
are not separately identified in the Bid form shall be compensated as part of the bid price of one or more of
the items which are listed, and no additional allowance will be made therefore.
8.6 Substitution Of Securities In Lieu Of Retention
Not Applicable
8.7 Effect of Payment
Payment will be made by City, based on City's observations at the Sites and the data comprising the
Application for Payment. Payment will not be a representation that City has:
Made exhaustive or continuous on -Site inspections to check the quality or quantity of Work;
Reviewed janitorial means, methods, techniques, sequences, or procedures;
Reviewed copies of requisitions received from Subcontractors and material suppliers and other data
requested by City to substantiate Contractor's right to payment; or made examination to ascertain how or
for what purpose Contractor has used money previously paid on account of the Contract Sum.
SECTION 9. CLAIMS BY CONTRACTOR
9.1 General
A Contract Interpretation Disputes:
Should it appear to Contractor that the Work to be performed or any of the matters relative to the
Contract Documents are not satisfactorily detailed or explained therein, or should any questions
arise as to the meaning or intent of the Contract Documents, Contractor shall give written notice to
City. Contractor shall bear all costs incurred in the giving of such notice. All issues regarding the
interpretation of the Specifications shall be referred to City for interpretation and determination.
City shall have the right but not the obligation to affirm or disaffirm any City interpretation of the
Plans or Specifications, which affirmance or disaffirmance shall be final. All issues regarding the
Contract Documents shall be determined by City whose determination shall be final. If Contractor
should disagree with City's determination regarding any aspect of the Contract Documents,
Contractor's sole and exclusive remedy is to file a claim in accordance with this Section.
Notwithstanding and pending the resolution of any claim, Contractor shall diligently prosecute the
Disputed Work (as defined in following paragraphs) to Final Completion.
B Work Disputes:
Should any dispute arise under the Contract Documents respecting the true value of any Work
performed, the implementation of the Work required by the Contract Documents, any Work
omitted, any extra Work which Contractor may be required to perform or time extensions,
respecting the size of any payment to Contractor during the performance of the Contract
Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by
City and its decision shall be final and conclusive. If Contractor disagrees with City's decision,
Contractor's sole and exclusive remedy is to file a claim in accordance with this Section.
Notwithstanding and pending the resolution of any claim, Contractor shall diligently prosecute the
Disputed Work to Final Completion.
The claim notice and documentation procedure described in this Section applies to all claims and
disputes arising under the Contract Documents, including without limitation any claim or dispute by
any Subcontractor or material supplier. All Subcontractor and supplier claims of any type shall be
brought only through Contractor as provided in this Section. Under no circumstances shall any
Subcontractor or supplier make any direct claim against City.
"Claim" means a written demand or written assertion by Contractor seeking, as a matter of right, the
payment of money, the adjustment or interpretation of the Contract Documents terms, or other relief
arising under or relating to the Contract Documents. In order to qualify as a "claim," the written
demand must state that it is a claim submitted under this Section.
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A voucher, invoice, payment application, or other routine or authorized form of request for payment
is not a claim under the Contract Documents. If such request is disputed as to liability or amount,
then the disputed Portion of the submission may be converted to a claim under the Contract
Documents by submitting a separate claim in compliance with claim submission requirements.
The provisions of this Section constitute a non -judicial claim settlement procedure, and also a claim
presentment procedure by agreement under Section 930.2 of the Government Code, shall survive
termination or completion of the Contract Documents, and may not be changed, waived, modified,
or its requirements reduced absent a written change order approval by City Council. Contractor
shall bear all costs incurred in the preparation and submission of a claim. Pursuant to Government
Code Section 930.2, the one -year period in Government Code section 911.2 shall be reduced to 150
days. Any claims presented in accordance with the Government Code shall affirmatively indicate
Contractor's prior compliance with the claims procedure herein and previous dispositions under
Section 9.2, Procedures, below.
Contractor shall impose the claim notice and documentation requirements in this Contract on
Contractor's subcontractors of all tiers, and require them to submit to Contractor all claims against
Contractor and/or City within the times and containing the documentation required by this Section.
The claim notice and documentation procedure described in this Section applies to all claims and
disputes arising under the Contract Documents, whether or not specifically referred to in any
specific Portion of the Contract. Government Code Section 930.2 et. M. applies to this procedure.
9.2 Procedures
Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion
of Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in
Contractor seeking additional compensation in time or money for any reason (collectively "Disputed
Work "), then Contractor and City shall make good faith attempts to resolve informally any and all such
issues, claims and /or disputes. Before commencing the Disputed Work, or within seven (7) Days after
Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor must file a written
notice of the Disputed Work with City stating clearly and in detail its objection and reasons for contending
the Work or interpretation is outside the requirements of the Contract Documents. If a written notice of
Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work
without first having given the notice required by this Section, Contractor shall waive its rights to further
claim on the specific issue.
City will review Contractor's timely notice of Disputed Work and provide a decision. If, after receiving the
decision, Contractor disagrees with it or still considers the Work required of it to be outside of the
requirements of the Contract Documents, it shall so notify City, in writing, within seven (7) Days after
receiving the decision that a formal claim will be issu .-d. Within thirty (30) Days of receiving the decision,
Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or
estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to
furnish notification within seven (7) Days and all justifying documentation within thirty (30) Days will result
in Contractor waiving its right to the subject claim. If Disputed Work persists longer than thirty (30) days,
then Contractor shall, every thirty (30) days until the Disputed Work ceases, submit to City a document titled
"Claim Update" which shall update and quantify all elements of the Claim as completely as possible.
Contractor's failure to submit a Claim Update or to quantify costs every thirty (30) days shall result in
waiver of the claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be
determined at a later date shall not comply with this Section and shall result in Contractor waiving its
claim(s).
Upon receipt of Contractor's formal claim including ,all arguments, justifications, cost or estimates, schedule
analysis, and documentation supporting its position as previously stipulated, City or its designee will review
the issue and render a final determination. City may in its discretion conduct an administrative hearing on
Contractor's claim, in which case Contractor shall appear, participate, answer questions and inquiries, and
present any further evidence or analysis requested by City to evaluate and decide Contractor's claim.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -55
Project No. 2011 -01
If Contractor's claims at project completion total less than $375,000, then claims resolution shall proceed in
the manner prescribed by Section 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.
If such claims exceed $375,000, then Contractor shall prepare a compendium of claims not resolved as a
result of these procedures, and submit them in a claim submitted under the Government Claims Act,
Government. Code Section 901 et seq., for final investigation and consideration of their settlement prior to
initiation of any litigation thereon, as required by Government Code Section 945.4. For all claims under or
over $375,000, pursuant to Government Code Section 930.2, the one -year period in Government Code
Section 911.2 shall be reduced to 150 days.
Claims shall be calculated in the same manner as Change Orders per Section 3, Scope of Work. Except
where provided by law, or elsewhere in these contract documents, if applicable, City shall not be liable for
special or consequential damages. Contractor shall be limited in it's recovery on claims to the change order
calculations set forth in Section 3, Scope of Work.
9.3 Claim Format
Contractor shall submit the claim justification in the following format: (a) Cover letter and certification of
the accuracy of the contents of the claim, (b) summary of claim including underlying facts, entitlement,
quantum calculations and Contract Document provisions supporting relief, (c) list of documents relating to
claim including specifications, Plans, clarifications /requests for information, schedules, cost calculations, and
other supporting documents, (d) chronology of events and correspondence, (e) analysis of claim merit, (f)
analysis of claim cost, and (g) attach supporting documents referenced in (c).
9.4 Mediation
All claims not subject to the claim resolution procedures set forth in Section 9.2, Procedures, shall, as a
condition precedent to litigation thereon, first be mediated. Mediation shall be non - binding and utilize the
services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected
by the American Arbitration Association from its panel of approved mediators trained in construction
industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until
a date two weeks following the mediation's conclusion. All unresolved claims shall be submitted to the
same mediator. The cost of mediation shall be equally shared.
9.5 Exclusive Remedy
Contractor's performance of its duties and obligations specified in this Section and submission and
mediation of a claim as provided in this Section is Contractor's sole and exclusive remedy for the payment of
money, extension of time, the adjustment or interpretation of Contract Documents terms or other contractual
or tort relief arising from the Work. This exclusive remedy and the limitation of liability (expressed herein
and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination,
suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict
liability by City, its representatives, consultants or agents, or the transfer of the Work or the Project to City
for any reason whatsoever. Contractor waives all claims of waiver, estoppels, release, bar, or any other type
of excuse for non - compliance with the claim submission requirements. Compliance with the claim
submission and mediation procedures described in this Section is a condition precedent, and a prerequisite
within the meaning of Section 930.6 of the Government Code, to the right to commence litigation or to seek
to file a Government Code Claim (where applicable) or to commence any other legal action. No claim or
issue not raised in a timely protest and timely claim submitted under this Section may be asserted in any
Government Code Claim, in any subsequent litigation, or in any legal action. If Contractor fails to raise any
claim(s) or issue(s) in a timely protest and timely claim submitted under this Section, then Contractor may
not thereafter assert such claim(s) or issue(s) in any Government Code Claim, subsequent litigation, or legal
action. City shall not be deemed to have waived any provision under this Section, if at City's sole discretion,
a claim is accepted in a manner not in accord with Section.
END OF DOCUMENT
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00700 -56
Project No. 2011 -01
DOCUMENT 00800
SPECIAL CONDITIONS
1. LOCATION OF WORK
This work is at locations at various City owned facilities and bus stops throughout the City of Cupertino,
County of Santa Clara, State of California.
2. SCOPE OF WORK
The work shall consist of providing janitorial services to maintain City owned facilities and bus stops in a clean
and healthy manner, as specified herein, or as directed by the City.
3. ESTIMATED QUANTITIES
ITEM
DESCRIPTION
EST. QTY.
UNIT
BASE BID
1
Bus Stops
12
Months
2
City Hall Building
12
Months
3
Community Hall Building
12
Months
4
Creekside Park Building
12
Months
5
Library Building
12
Months
6
McClellan Ranch Building & Museum
12
Months
7
Monta Vista Recreation & Pre School Buildings
12
Months
8
Park Restrooms
12
Months
9
Portal Park Building
12
Months
10
Quinlan Community Center Building
12
Months
11
Senior Center Building
12
Months
12
Service Center Building
12
Months
13
Sports Center Building
12
Months
14
Wilson Park Building
12
Months
15
Day Porter
12
Months
16
Call Back For Unscheduled or Emergency Cleaning
12
Months
17
Unscheduled Carpet Cleaning
12
Months
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -1
Project No. 2011 -01
4. EXPLANATION OF BID ITEMS
The price bid per unit measure of work shall include all costs of labor, equipment and materials necessary for
completing janitorial services in accordance with these specifications. Any item described in these
specifications and not specifically listed as a bid item shall be considered as included in the various bid items
and no special compensation will be allowed.
Bid Item No .1 — Bus Stops at Various Locations (Mont 0:
This item is bid per month and shall include all coats of labor, equipment and materials necessary for
completing janitorial services at various Bus Stops in accordance with these specifications and as specified in
the Technical Provision section of the specifications.
Bid Item No. 2 — City Hall Building (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at City Hall in accordance with these specifications and as specified in the
Technical Provision section of the specifications.
Bid Item No. 3 — Community Hall Building (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Community Hall in accordance with these specifications and as specified
in the Technical Provision section of the specifications.
Bid Item No 4 — Creekside Park Buildine (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Creekside Park Building in accordance with these specifications and as
specified in the Technical Provision section of the speci Fications.
Bid Item No. 5 — Library Buildine (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Library Building in accordance with these specifications and as specified
in the Technical Provision section of the specifications.
Bid Item No 6 — McClellan Ranch Buildine & Museum (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the McClellan Ranch and Museum buildings in accordance with these
specifications and as specified in the Technical Provision section of the specifications.
Bid Item No. 7 — Monta Vista Recreation & Pre School Buildings (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Monta Vista Recreation and Pre School Buildings in accordance with these
specifications and as specified in the Technical Provision section of the specifications.
Bid Item No. 8 — Park Restrooms (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at Park Restroom Buildings at various locations in accordance with these
specifications and as specified in the Technical Provision section of the specifications.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -2
Project No. 2011 -01
Bid Item No. 9 — Portal Park Building (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Portal Park Building in accordance with these specifications and as
specified in the Technical Provision section of the specifications.
Bid Item No 10 — Quinlan Community Center Building (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Quinlan Communit; Center in accordance with these specifications and as
specified in the Technical Provision section of the specifications.
Bid Item No 11 — Senior Center Building (Month):
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Senior Center Building in accordance with these specifications and as
specified in the Technical Provision section of the specifications.
Bid Item No 12 — Service Center Building (Month)
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Service Center Building in accordance with these specifications and as
specified in the Technical Provision section of the specifications.
Bid Item No 13 — Sports Center Building (Month)
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Sports Center Building in accordance with these specifications and as
specified in the Technical Provision section of the specifications.
Bid Item No. 14 — Wilson Park Building (Month)
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services at the Wilson Park Building in accordance with these specifications and as
specified in the Technical Provision section of the specifications.
Bid Item No. 15 — Day Po rter (Month
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services of one employee (day porter) working during the daytime hours of 6:00 AM to
2:30pm, Monday through Friday. Day porter will typically be assigned to the Library Building but, when
notified, would respond to any janitorial request at buildings and other locations as described in this contract.
Day porter must have reliable source of transportation and phone.
Bid Item No. 16 — Call Back for Unscheduled or EmertTeney Cleaning (Month)
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing janitorial services when called back for unscheduled or emergency cleaning of a facility. The item
includes a one (1) person crew and each call back would be for a minimum of two (2) hours charge. The
Contractor would be required to respond within two (2) hours or as arranged with City staff of being notified of
requiring services. Contractor is to assume one, two (2.) hour call back per month. This bid item is not subject
to Document 0700 (General Conditions), paragraph 3.370 Allowable Quantity Variations. This item may be
increased or deleted in entirety.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -3
Project No. 2011 -01
Bid Item No. 17— Unscheduled Carpet Cleaning (Montl
This item is bid per month and shall include all costs of labor, equipment and materials necessary for
completing unscheduled shampoo /extractor carpet cleaning. The Contractor would be required to respond and
complete the work within 24 hours notice by City staff. Contractor is to assume one, 50 square feet of
unscheduled carpet cleaning per month. This bid item is not subject to Document 0700 (General Conditions),
paragraph 3.370 Allowable Quantity Variations. This item may be increased or deleted in entirety.
5. CONTRACTOR
The unique nature of this Project requires that the Contractor within the past 5 years must have completed 3
Janitorial Service contracts of a similar nature and complexity with a contract amount of at least $450,000
each.
The Contractor shall not subcontract more than 5% of the total contract price.
The Contractor is required to follow all State, Federal and Local laws, codes, regulations and Ordinances.
6 TIME OF COMPLETION, LIQUIDATED DAMAGES
The Contractor shall diligently prosecute the work to completion as scheduled for each facility and specified in
the Technical Provisions. The Contractor further understands that he shall pay to the City of Cupertino One
Hundred Fifty Dollars ($150.00) per day, for each and every occurrence that a services item (task as specified
in the Technical Provisions) is not completed within the required times per facility. The Contractor further
understands that he shall pay to the City of Cupertino One Thousand Dollars ($1,000.00) per day, for each and
every occurrence were all the services at a facility were not completed within the required times per facility.
This does not relieve the Contractor from his responsibility of completing the required services that were not
completed as scheduled. Any service not completed as scheduled shall be completed at the Contractor's
expense and Contractor must respond and have crews at the site within 2 hours from the call back by the City.
The amount of liquidated damage shall be deducted by the City from monies due to the Contractor hereunder,
or the sureties shall be liable to the City for any excess.
7. PRE -BID CONFERENCE and SITE VISITS
All Contractors are required to attend the pre -bid conference and site visits to walk through the facilities
included in these specifications.
All Contractors are required to attend the Pre -Bid Conference and Site Visits, which will be conducted
on Wednesday, April 27th, 2011 starting at 9:00 AM, and continue on Thursday, April 28th, 2011
starting at 9:00 AM, meet at 10300, Cupertino, CA 95014, in Cupertino Community Hall. This will be
the Contractors only time that site visits will be allowed to some facilities, except for the sites that are open to
the public during business hours.
Sites that will not be visited:
1. Jollyman Park Restrooms
2. Linda Vista Park Restroom
3. Memorial Park Restrooms (2)
These facilities have public areas that can be visited during the hours listed:
4. Library (Public areas only, Library staff areas / offices restricted.)
a. Monday thru Tuesday 1:01) pm to 9:00 pm
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -4
Project No. 2011 -01
b. Wednesday and Thursday 10:00 am to 9:00 pm
c. Friday and Saturday 10:00 am to 6:00 pm
d. Sunday 12:00 pm to 6:00 pm
5. Quinlan Community Center (offices are restricted)
a. Monday thru Friday 8:00 am. to 5:00 pm
6. Senior Center (offices are restricted)
a. Monday thru Friday 8:00 am. to 5:00 pm
7. Service Center
a. Monday thru Friday 6:30 am. to 3:30 pm
8. Sport Center
a. Monday thru Friday 6:30 am. to 9:00 pm.
9. Park Restrooms
a. 7 days a week 8:00 am to 5:00 pm
10. Bus Stops — any time
8. RESPONSIBILITY OF CONTRACTOR
The City assumes no responsibility whatsoever for loss or damage of equipment owned by the Contractor, his
agents or employees.
The entire responsibility for any and all injury to the public, to individuals, and to property resulting directly or
indirectly from the performance of the work hereunder shall rest upon the Contractor, and he agrees to
indemnify and hold the City free and harmless from and against any and all liability, expense, claims, costs,
suits and damages arising out of the negligence on the part of the Contractor. All safety orders, rules and
recommendations of the Division of Industrial Safety of the Department of Industrial Relations of the State of
California applicable to the work to be done under this contract shall be obeyed and enforced by the
Contractor. The Contractor shall comply with all applicable State and local laws, ordinances, codes and
regulations.
9. BOND REQUIREMENT
Faithful Performance Bond: It will be necessary for the successful Contractor to furnish a Faithful
Performance Bond in the amount equal to three (3) months of the contract price.
Fidelity Bond: It will be necessary for the successful Contractor to furnish a $5,000.00 bond on every
employee performing work on City owned property.
10. GENERAL REQUIREMENTS
All cleaning supplies, equipment and materials shall be provided by the Contractor, unless otherwise stated in
the Technical Provisions. All equipment must be properly maintained and meet all State, Federal and Local
laws, codes and regulations. The Contractor will also furnish towel, toilet tissue, soap, disinfectant and other
items to be used in the rest rooms, unless otherwise stated in Document 00810 Technical Conditions. The
various dispensers shall be maintained by the Contractor and emergency supplies of towels, toilet tissue, soap
disinfectant and other items shall be stored at each location.
Contractor must provide a Material Safety Data Sheet for all provided products to be kept in the janitor's closet
and a copy shall be provided to the Facilities Supervisor, Chris Orr. Whenever new or changed products are
introduced, the Contractor shall immediately provide new /revised MSDS information.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -5
Project No. 2011 -01
Once a week and as needed the Contractor's Account Manager shall tour all buildings with the Facilities
Supervisor or his designated representative. The tour shall be scheduled to start at 8:00 AM and may
potentially last up to 2 hours. The purpose of this tour is for a visual inspection of work done by the
Contractor's staff. At this meeting, the Contractor shall provide a written report of the major tasks that have
been completed in the previous week. The Contractors shall also provide a written schedule of major tasks to
be completed in the upcoming month for City approval. The City reserves the right to modify the schedule to
better benefit the City.
The Contractor should be aware that at some facilities special events, such has weddings, parties, dances,
festivals, and etc. are held. Clean up after these events are required at no extra cost to the City when they fall
on a regularly scheduled day for services. See Technical Conditions for more particular information.
The use of bonnet cleaning is not allowed on any city carpets.
11. PERSONNEL
The successful bidder is required to supply a list of narr.es and all employees who will be performing the work.
The list shall be updated when there are changes in personnel. A fidelity bond in the amount of $5000.00 is
required for each employee performing work.
All employees must wear a uniform shirt with the Contractor name on it and have in their possession a City
issued ID badge. All vehicles used for services shall have the Company name on the outside to identify it from
a distance of 30 feet.
12. TERM OF THE CONTRACT
The term of this agreement shall be two (2) year from the start date of the agreement. The City shall retain the
option to extend the term of the agreement on a year -to -year basis not exceeding two years from the expiration
of the original term, for a possible total of four years.
Any such renewal after the first two years shall be accomplished by the City providing a written notice of
renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain the
same provisions as the original agreement, including an increase or decrease in compensation paid to the
Contractor. Any increase or decrease in the previous contract price shall be based on the annual percentage
change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made. The CPI shall
be the San Francisco /Oakland Consumer Price Index for all urban wage earners. There will be no CPI
adjustment during the first two -year term of the agreement.
The City shall have the authority to suspend this agreement, wholly or in part, for such period as deems
necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any
provisions of this agreement.
13. TEMPORARY SUSPENSION OF CONTRACT
The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he
deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform
any provision of this agreement.
14. PAYMENT
The Contractor shall bill the City at the end of each completed month.
15. QUESTIONS
Any questions regarding these contract documents should be directed to Roger Lee, Assistant Director of
Public Works, Department of Public Works, (408) 777 -3350. Any questions regarding the technical provisions
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -6
Project No. 2011 -01
should be directed to Chris Orr, Public Works Facilities Supervisor, (408) 777 -3271. The last day for
technical questions is Wednesday, May 4, 2011 at noon.
16. STORM WATER POLLUTION CONTROL
See General Conditions (Document 0700)
END OF DOCUMENT
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00800 -7
Project No. 2011 -01
DOCUMENT 00822
Apprenticeship Program
NOT USSED
(PAGE LEFT INTENTIONALLY BLANK)
END OF DOCUMENT
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00822 -1
Project No. 2011 -01
DOCUMENT 00850
TECHNICAL CONDITIONS
1. Environmentally Required Janitorial Services, Cleaners, Methods and Supplies
2. BUS STOPS
3. CITY HALL BUILDING
4. COMMUNITY HALL BUILDING
5. CREEKSIDE PARK BUILDING
6. LIBRARY BUILDING
7. MCCLELLAN RANCH BUILDING & MUSEUM
8. MONTA VISTA RECREATION & PRE SCHOOL BUILDING
9. PARK RESTROOMS
10. PORTAL PARK BUILDING
11. QUINLAN COMMUNITY CENTER BUILDING
12. SENIOR CENTER BUILDING
13. SERVICE CENTER BUILDING
14. SPORTS CENTER BUILDING
15. WILSON PARK BUILDING
16. DAY PORTER
City of Cupertino
2011 Contractual
Janitorial Services —
DOCUMENT 00850 -1
Project No. 2011 -01
Environmentally Required Janitorial Services, Cleaners, Methods and Supplies
I.I. Intent
It is the intent of the City of Cupertino to establish a contract fer janitorial services, which through the use of cleaning
products meeting specific standards of environmental performance, represent a lesser impact to public health and the
environment than conventional alternatives. Therefore, janitorial cleaning products procured and used among
Cupertino's City facilities through the award of this contract, will perform at or beyond the standards established by
the City's Environmentally Preferable Purchasing Policy, adop:ed by Cupertino's City Council on July 3, 2007
(Attachment 1) and summarized in these specifications.
1.2. Scope
Cupertino's Environmentally Preferable Purchasing Policy commits the caretakers of City infrastructure to seek the
highest standard of performance, while maximizing benefits for our employees and environment. Coupled with this
Policy is Cupertino's certification through the Santa Clara County Green Business Program, which serves as a pledge
for the City to comply with environmental regulations and implement best management practices to conserve
resources, prevent pollution, minimize City, and reduce the City's carbon footprint among all facilities enrolled in the
program. The City encourages all bid applicants to demonstrate their commitment to the environment by enrolling in
the County's Green Business Program www.greenbiz.ca.gov
In order to minimize the health and environmental impacts of maintaining clean and healthy facilities, as required by
both the City's Policy and Green Business Certification, the Ci:y of Cupertino requires the use of environmentally
preferable cleaning products and methods that achieve the following aims:
• Protect the quality of Cupertino's ground and surface waters by eliminating the use of chemicals know to
contaminate local water resources through toxicity, bioaccamulation or persistence;
• Reduce occupational health hazards for City staff as well as reduce exposure of City residents and visitors to
potentially toxic chemicals by purchasing products for use in City operations that do not harm human health or
the environment;
• Reduce greenhouse gas emissions by evaluating the life -cycle impacts and economics of products that includes
manufacture, transportation, use and disposal;
• Support strong recycling markets through the procurement of products that maximize post consumer recycled
content and readily recyclable or compostable materials;
• Reduce materials that are landfilled by favoring the long -term use of products and materials that are durable,
reparable and reusable;
1.3. Definitions
The City defines an environmentally preferable cleaning product as one that is registered through one of the following
county- required certification agencies. Cleaning chemicals must be certified through Green Seal GS -37, EPA's
Design for the Environment (DfE), or EcoLogo (Canada's Environmental Choice Program). Products that are not
listed through one of these certification agencies will not be allowed to be used as part of this cleaning contract.
Product lists submitted by Bidders will be referenced against product lists from the certification agencies.
Environmentally Preferable Cleaning Products, outlined in these specifications, are to be used during the entire extent
of this contract. Contractor shall use only environmental preferable products in the following categories:
1. General Purpose Cleaners
2. Bathroom Cleaners
3. Glass Cleaners
4. Cleaners /Degreasers
5. Floor Cleaners
6. Floor Care: Finishes and Strippers
Prior to notice to proceed, Bidder must provide a complete list of products, including Material Safety Data Sheets
they will use. As stated above, the products must be certified through one of the three certifying agencies listed above.
Changes to any products and /or product lists used as part of this contract must be submitted in writing to Chris Orr,
Facilities Supervisor (408) 777 -3272, along with any new Material Safety Data Sheets. Noncompliant chemicals
must be removed immediately from the building.
City of Cupertino
2011 Contractual
Janitorial Services DOCUMENT 00850 -2
Project No. 2011 -01
Chemicals used for disinfection of blood and other potentially infectious material shall be on EPA's list of registered
antimicrobial products effective against blood borne/body fluid pathogens. Mop heads must be replaced after use for
blood and body fluid clean up.
In addition to these products, the selected janitorial contract provider is required to adhere to the standards and
practices outlined in the City's Environmentally Preferable Procurement Policy (Attachment 1) and Green Business
Certification Requirements (Attachment 2).
Janitorial Cleaning Products Specifications
For the purposes of this Contract the minimum standards estab ished for the performance of these products are based
on the Green Seal Standard for Industrial and Institutional Cleaners (GS -37),
www . reenseal.or /standards /QS37.pdf, and the Green Seal Standard for Industrial and Institutional Floor -Care
Products (GS -40), www. jzreenseaLorelstandardslev40.pdf wherever possible. A list of certified cleaners meeting
these standards is available at www. kreenseal.orz /certproducts #cleaners
In addition to GS -37 and GS -40 certified products, there are other product brands that are acceptable. As a result of a
national effort to ascertain the environmental preferability of janitorial cleaners, additional products have been pre -
approved. This effort uses the GS -37 environmental criteria, in conjunction with other environmental criteria, to
evaluate products. Some of the products, such as hand soaps, do not yet have a Green Seal standard. The result of this
effort is referred to locally as the "National Consensus -Based Standard" (NCBS).
The NCBS was designed in consultation with various state and local governments, industry experts and others for the
purpose of establishing a set of minimum criteria for use in drafting contract bids. The work group effort to develop a
NCBS was coordinated by the Center for a New American Dream. Additional information on this work group and the
development of the standard is available on their website at wm 1w.newdream.orga/clean/ . Many products are qualified
under the NCBS by other governmental agencies. Canada's Erviromnental Choice Program certifies products based
on strict environmental standards. A list of janitorial cleaners qualified under both of these standards can be found at
the following website: www.newdream.orQ /procure /products /approved.php
2.1. Products
Purchase or require janitorial contractors to supply, industrial and institutional cleaning or disinfecting products (i.e.
for janitorial or automotive use) shall at a minimum meet Green Seal or EcoLogo certification standards for
environmental preferability and performance. Per the City's Green Business Certification (Attachment 2) liquid
antibacterial hand soaps or sanitizers will not contain triclosan.
Contractor to utilize vacuum cleaners that meet the requirements of the Carpet and Rug Institute "Green Label"
Testing Program — Vacuum Cleaner Criteria, that are capable of capturing 96% of particulates 0.3 microns in size,
and operate with a sound level less than 70dBA. Other janitorial cleaning equipment should be capable of capturing
fine particulates, removing sufficient moisture so as to dry within 24 hours, operate with a sound level less than
70dBA, and use high - efficiency, low- emissions engines. Bonnet method of carpet cleaning is not allowed.
Bidders must be able to provide products in Categories 1 through 6 that meet Green Seal's standards for Industrial
and Institutional Cleaners (GS -37) or Industrial and Institutional Floor -Care Products (GS -40). These categories
include:
1. General Purpose Cleaners
2. Bathroom Cleaners
3. Glass Cleaners
4. Cleaners /Degreasers
5. Floor Cleaners
6. Floor Care: Finishes and Strippers
2. 1.1 Paper Supplies
1. Paper Towels: Minimum 40 -60% post - consumer content, unbleached or processed chlorine free.
Toilet Tissue: Minimum 20 -60% post - consumer content, unbleached or processed chlorine free.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00850 -3
Project No. 2011 -01
Seat Covers: Minimum 40% post- consumer content
2.1.2 Cleaning Supplies
All Purpose Cleaner: Window Cleaner, Bathroom Cleaner, and Cleaner/Degreaser: Meet or be certified as
meeting Green Seal and Institutional Cleaners Standard (GS -37)
1. Hand and Liquid Soap: Not antibacterial, Ph between 6 and 8.5, meet National consensus
based - criteria.
2. Furniture and Wood Polish: meet National consensus -based criteria, similar to Green Seal
(GS -37)
3. Carpet Cleaner: Meet or be certified as meeting Green Seal and Institutional Cleaners
Standards (GS -37) and comply with California Code of Regulations for maximum
allowable VOC content levels.
4. Floor -Care Products: Finishes & Strippers: Meet or be certified as meeting Green Seal and
Institutional Floor -Care Product Standard (GS -40).
5. Disinfectant: Certified Green Seal and Instructional Cleaners Standard, (GS -37), except
biodegradability.
6. Plastic Trash Bags: Minimum 10 -100% post- consumer content.
7. Brass: "NEVR DULL" or equivalent.
2.1.3 Special Supplies
1. Granite Floor: Clean Source Daily Cleaner /Conditioner or approved equal.
Wood Floor: Surtec FP 575 Hi Solids Floor Finish; Surtec ST237 Ultra Strip Super conc.;
Surtec HC 150 Heavy Duty Cleaner.
Rubber Flooring: Tuflex TC -1 Cleaner, TF -2 Finish and TS -3 Stripper as per manufacture
recommendations.
There may be more supplies listed for the different sites, these supplies will also be required, this is only a partial list
of supplies required for this contract.
2.2. Bid Requirements Summary:
• Bidders must quote cleaners that are Green Seal certified at the time of bid submission
( www. Qreenseal.orQ /ceriproducts.htnt #cleaners) OR they must provide quotes for products previously
qualified under the National Consensus Based Standard (NCBS) or Canada's Environmental Choice
Program ( www.newdream.oril procure /products /approved.php
• The City will not undergo individual evaluation of chemical data to assess compliance with GS -37 and GS-
40 standards, the NCBS or Environmental Choice.
• Bidders may provide multiple quotes for each category.
2.3. Product - Specific Health and Environmental Requirements
Bidders must be able to provide products in Categories 1 -6 that meet the Green Seal standards for
Industrial and Institutional Cleaners (GS -37) and Industrial aad Institutional Floor -Care Products (GS -40). The
product - specific health and environmental requirements can be found at
www. ereenseal. or2lstandards.htm #environmental
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00850 -4
Project No. 2011 -01
2.4. Required Documentation
• Bidders must provide proof of Green Seal certification if the product is not listed on the Green Seal website
at the time of bid submission.
• If not Green Seal certified, products must have been previously qualified under the National Consensus -
Based Standard (NOBS) or Environmental Choice to be compliant with the bid and appear on the on -line list,
www. newdream. orQ /procure /products/approvedphp
• Bidders must provide Materials Safety Data Sheets (MSDSs) for all products bids for both concentrate, if
provided in concentrated form, and ready -to -use product.
• Bidders not able to achieve specified requirements for janitorial cleaning products, must provide a written
explanation for product choices that do not meet the environmentally preferable purchasing criteria outlined
in this bid document.
2.5. Product Performance Testing
The City of Cupertino may elect to request samples from the suppliers for assessment once the initial bid evaluations
are performed. The City's facilities staff will test the products it chooses to evaluate performance from, but not
limited to, cleaning effectiveness, ease of use, and odor. Samples will be provided at no charge and only upon the
City's request.
2.6. Training
Mandatory Requirements — The selected contractor must provide sufficient training for their personnel for the
products and methods outlined in this document that include Green Seal's standard for Industrial and Institutional
Cleaners (GS -37).
Required Documentation -
• Description of provided training.
• Identification of the number and expertise of staff and personnel available to conduct such training.
• Description of the support services offered such as a phone number for assistance and the hours during which
such a number is accessible.
2.7. Packaging
Bidder's primary packaging for selected janitorial cleaning products should be compliant with Green Seal's standard
for Industrial and Institutional Cleaners (GS -37).
Required Documentation - Bidders must specify packaging, recyclable materials, and any percentages of recycled
content (particularly postconsumer). Include a description of any return /collections program available and identify
any measures to reduce the amount of overall packaging.
2.8. Labeling Requirements
Contractor selected products must meet the labeling requirements outlined in Green Seal's standard for Industrial and
Institutional Cleaners (GS -37).
2.9. Dispensing Equipment
It is desirable that Bidders provide an option for dispensing equipment that reduces worker exposure to chemicals and
promotes the appropriate use of the cleaners.
Contractor must provide a description of available equipment and information on the features that reduce risk and
exposure. A detailed description of the recommended dilution and/or dispensing system, including benefits, should be
included.
PAPER PRODUCT SPECIFICATIONS
3.1. Recycled Content
For use in City facilities, contractors will purchase products fo:- which the United States Environmental Protection
Agency (U.S. EPA) has established minimum recycled content standard guidelines , such as those for printing paper,
office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous,
and non -paper office products, that contain the highest post - consumer content available, but no less than the minimum
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00850 -5
Project No. 2011 -01
recycled content standards established by the U.S. EPA Comprehensive Procurement Guidelines.
3.2. Chlorine -Free
For use in city facilities, contractors will purchase paper, paper products, and janitorial paper products that are
unbleached or that are processed without chlorine or chlorine derivatives to minimize dioxin formation and other
toxic pollutants. Process chlorine free (PCF) paper is the preferred environmental option, whereas elemental chlorine
free (ECF) processes should include enhanced processes such as extended and oxygen delignification wherever
possible. Successful bidders should supply verification of the paper's chlorine free processing status from either a
recognized certifying organization or the pulp and paper manufacturer. If the paper manufacturer busy pulp from
another supplier, the pulp's chlorine free status should also be verified.
3.3. Recycled Content
It is desired that products procured through this contract contaii the highest postconsumer content practicable, using
the U.S.EPA's Comprehensive Procurement Guidelines that specify ranges of minimum recycled content standards
for diverse categories representing product types ( www.epa.aov /epaoswer /non -hw /procure /products.htm
3.4 Forest Conservation
To the greatest extent practicable, the contractor, acting on behalf of the City of Cupertino, shall not procure wood
products, including paper, that originate from forests harvested in an environmentally unsustainable manner. When
possible, the City of Cupertino shall give preference to paper products that are certified to be sustainably harvested by
a comprehensive, performance -based certification system. The certification system shall include independent third -
party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification.
MATERIALS MANAGEMENT: COMPOST, RECYCLING AND CITY PICKUP SPECIFICATIONS
The selected contractor will be responsible for the following actions, required to achieve the goals of the City's
Environmentally Preferable Procurement Policy and maintain its Green Business Certification:
4.1. Collect and remove all compost, recyclables, and waste from all identified facilities per the schedule
determined by this Contract. "Entire facility" means the lobby, the indoor and outdoor public areas, the hallways, the
conference rooms, the restrooms, the lunchrooms and kitchens, and the office areas.
4.2. Empty compost, recyclables and waste among City receptacles, including bus stops, and replace plastic
liner only if soiled with wet garbage. Compost, recyclables and waste is to be properly separated when collected
inside the building so that each material may be sorted within each larger dumpster or receptacle outside the facility.
Reuse the liner if it remains clean.
4.3. Deliver emptied compost, recyclables and waste to the loading dock area located at each facility and
place in proper bin to ensure successful sorting of these waste streams.
4.4. Maintain loading dock area (or other areas) free of debris and trash.
4.5. Collect, remove and keep separate all compost and recyclables from the entire facility per the schedule
set by the Facilities Manager. Compost includes organic waste. Recyclables include white paper; newspaper; mixed
office paper; cardboard; and glass, aluminum and plastic bottles and cans (Attachment 3). If applicable, return
emptied toters to original locations, or replace an empty toter for the full toter when removing and taking to the
loading dock for emptying.
4.6. Empty compost and single- stream recycling receptacles for glass, aluminum and plastic bottles and cans
and replace plastic liner.
4.7. Deliver collected compost and single- stream recyclables to the loading dock area.
4.8. Place all mixed recyclables in dumpster, toter or other container located in the loading dock area labeled
for recycling.
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00850 -6
Project No. 2011 -01
4.9. On designated floors or offices, empty recycling receptacles at each desk into separate container for
recycling and deliver mixed recyclables to proper dumpster, toter or other designated container in the loading dock
area.
4.10. Remove any cardboard boxes placed next to recycling containers located in central locations (or other)
daily or more frequently during times of higher volumes such as a tenant (or new employee) moving in.
4.11. Breakdown, flatten and place all cardboard in dumpster, toter or other container labeled for cardboard
recycling.
4.12. Modify trash and recycling collection procedures as directed by the Facilities Supervisor. Changes will
be made by management in coordination with the janitorial service and the trash and recycling collection service.
Attend training as directed.
4.13. Revise schedule, location for loading and unloac ing, sorting or other trash and recycling collection
procedures as directed by facilities management.
ENERGY EFFICIENCY AND WATER CONSERVATION SPECIFICATIONS
The selected contractor will support the City in achieving its facility -based energy and water conservation goals by
conserving resources during building occupancy. Actions to be implemented by the contractor and staff while on City
premises include the following:
• Properly closing doors when entering and exiting the building to ensure that the ambient temperature is
maintained within each facility.
• Turning off all lighting when not required for illuminating areas being cleaned. Lighting complete floors or
buildings during service is unacceptable.
• Minimizing water use for cleaning purposes, wherever possible.
• Turn off and unplug appliances and cleaning devices when not in use to minimize plug load.
• Promote carpooling and use of alternative transportation to and from City facilities among janitorial staff,
whenever possible ( www.transit.51 lore
City of Cupertino
2011 Contractual
Janitorial Services
DOCUMENT 00850 -7
Project No. 2011 -01
BUS STOPS
Various locations.
The following services are to be performed after 6:00 PM and before 6:00 AM, two (2) days a week, Tuesday and
Friday. All trash to be disposed of at the Service Center trash enclosure, located at 10555 Mary Ave, consistent with
requirements outlined in the Environmentally Required Janitorial Services, Cleaners, Methods and Supplies detailed
in these provisions.
A. Services
Empty trash container and install new plastic bag liner. Pick -up any loose papers or debris that is in area
around bench and trash can.
Bring all trash to dumpsters at the Service Center (10:155 Mary Ave.)
Service pickup truck must have a roof mounted, emergency- flashing beacon for stopping at bus stops.
B. Estimated Monthly Supplies Provided by Janitor
1. Plastic trash bag liners:
40x46 (1.8 mill)
4 cases
C. BUS STOP LOCATIONS
1. Stevens Creek Blvd. - N. side - W. of Peninsula Dr. (next to RxR tracks.)
2. Stevens Creek Blvd. - N. side - W. of Mann Dr.
3. Foothill Blvd. - E. side - Before Sunnyview Retirement home.
4. Foothill Blvd. - E. side - S. of Starling Dr.
5. Foothill Blvd. - W. side - N. of Cristo Rey Dr.
6. Stevens Creek Blvd. - S. side - N. of Foothill Blvd. (in front of Beacon Gas)
7. Stevens Creek Blvd. - S. side - E. of Pasadena Ave.
8. Stevens Creek Blvd. - S. side - E. of Bubb Rd. (in front of 76 gas).
9. McClellan Rd. - S. side - W. of Rose Blossom Dr.
10. McClellan Rd. - S. side - W. of Stelling. (Near Day care center)
11. McClellan Rd. - N. side - at Felton Wy.
12. De Anza Blvd. - E. side - N. of Bollinger Rd. (Next to Taco Bell)
13. De Anza Blvd. - E. side - N. of Pacifica Dr. (Next to Bank.)
14. Miller Ave. - W. side - N. of Richwood Dr.
15. Bollinger Rd. - N. side - W. of Miller Ave.
16. Bollinger Rd. - N. side - W. of Blaney Ave.
17. Stelling Rd. - E. side _ N. of McClellan Rd.
18. Stelling Rd. - W. side - S. of Stevens Creek Blvd.
19. McClellan Rd. - N. side - W. of Stelling Rd.
20. Stelling Rd. - W. side - S. of Homestead Rd.
21. Saich Wy. - E. side - N. of Stevens Creek Blvd. (across street from 7 -11)
22. Stelling Rd. - W. side - S. of Gardena Dr.
23. Stelling Rd. - E. side - North of Stevens Creek Blvd,
24. Stevens Creek Blvd. - S. side - W. of Mary Ave. (De Anza College entrance)
25. Stevens Creek Blvd. - S. side - W. of Stelling Rd.
26. Stevens Creek Blvd. - S. side - W. of De Anza Blvd. (Near Gas station)
27. Stevens Creek Blvd. - S. side - E. of De Anza Blvd. (in front of park)
28. Stevens Creek Blvd. - S. side - W. of Blaney Ave.
29. Stevens Creek Blvd. - S. side - W. of Portal Ave.
30. Stevens Creek Blvd. - S. side - W. of Miller Ave.
31. Stevens Creek Blvd. - S. side - W. of Finch Ave.
32. Stevens Creek Blvd. - S. side - W. of Tantau Ave.
33. Stevens Creek Blvd. - N. side - E. of Tantau Ave.
City of Cupertino
2011 Contractual
Janitorial Services
BUS STOPS - 1
Project No. 2011 -01
34.
Stevens Creek Blvd.
— S. side —
W. of Tantau Ave.
35.
Stevens Creek Blvd.
— N. side
— W. of Miller Ave.
36.
Wolf Rd. — E. side —
N. of Stevens Creek Blvd.
37.
Stevens Creek Blvd.
- N. side —
W. of Portal Ave.
38.
Stevens Creek Blvd.
— N. side
— W. of Blaney Ave.
39.
Stevens Creek Blvd.
— N. side
— W. of Vista Dr.
40.
Stevens Creek Blvd.
— N. side
— W. of De Anza Blvd.
41.
Stevens Creek Blvd.
— N. side
— S. of Saich Wy. (In front of Target)
42.
Stevens Creek Blvd.
— N. side
— W. of Stelling Rd.
43.
Stevens Creek Blvd.
— N. side
— S. of Mary Ave. (In front of Cup. Senior Center)
44.
Majestic Oak at English
Oak
City of Cupertino
2011 Contractual
Janitorial Services
BUS STOPS - 2
Project No. 2011 -01
City Hall
10300 Torre Ave. Cupertino, Ca. 95014
The following services are to be performed after I I:OOPM or when building is vacated (which ever is later) and before
6:OOAM, Six (6) days a week, Sunday through Friday.
A. Daily Services
1. Clean brass, windows and doorknobs on all entrance doors.
2. Clean brass rails on stairway.
3. Spot clean all walls, doors, doorframes, and light switches.
4. Dust mop and then damp mop all tile floors, and stairs to lower level.
5. Sweep and vacuum all doormats, both inside and outside.
6. Dust all furniture (except desks) including cabinets, upper binder bins in cubicles, counter tops and windowsills,
telephones, etc.
7. Clean main lobby, counters, all inside glass, wood doors, „lass doors, inside and outside and wood trim for
fingerprints and smudges.
8. Clean and polish drinking fountain.
9. Clean floor, metal walls and railings in elevator.
10. Empty and clean all ashtrays /trash receptacles, directly outside building doors.
11. Empty and clean waste receptacles/ recyclable/ compost containers and put them in the appropriate bins.
Bins located at trash enclosure in parking lot.
12. Clean and sanitize outside of refrigerators, stovetops, microwaves (inside and out) and all counters.
13. Vacuum all carpeted areas upper and lower levels. Spot clean daily.
14. Scrub and disinfect sinks, commodes and urinals. Mop floors and showers using disinfectant solution. Clean and
polish fixtures dispensers and clean mirrors. Replace urinal deodorant screens, when needed. Replenish soap,
toilet paper, toilet seat covers and paper towels in dispensers. Polish all chrome dispensers.
15. Check floor drains for foul odors; pour disinfectant in drains as needed.
16. Additional supplies of soaps, paper towels, toilet seat covers and toilet tissue shall be stored at this location for
needs that arise during the normal working hours.
17. Clean and sanitize all tables, plastic chairs and counter tops.
17. A lead person must be on site at all times that can read and speak English.
18. All interior doors shall be closed and locked as required, and lights turned off. Lock
all exit doors and windows, shut off lights and set alarms as instructed.
B. Weeklv Services
1. Dust wall fixtures, tops of door and window frames, corneas and baseboards.
2. Clean and polish office furniture.
3. Clean and sanitize telephones.
4. Vacuum fabric furniture & spot clean.
5. Clean and disinfect partitions in Restrooms.
6. Clean, disinfect shower ceramic tile in bathrooms.
7. Vacuum edges and corners.
C. Monthly Services
1. Damp wipe plastic and leather furniture.
2. Dust blinds.
3. Vacuum drapes.
4. Dust light fixtures.
5. Vacuum all air vents.
6. Machine scrub floors in restrooms.
D. Three times a year Services
(Dates to be approved by City)
City of Cupertino
2011 Contractual
Janitorial Services
CITY HALL - 1
Addendum No. I (April 26, 2011)
Project No. 2011 -01
1. Wash all windows inside and outside.
E. Quarterly Services
(Dates to be approved by City)
1. Strip and reseal all tile /VCT floors.
2. Extract all carpet areas.
F. Semi Annual Services: Dates to be determined by t he City.
(Dates to be approved by City)
1. Wash thoroughly, and disinfect all plastic tables, plastic ch�iirs.
2. Clean all hanging light fixtures.
3. Remove all light covers throughout building and clean.
G. Estimated monthly supplies provided by contracto
1. Hand Towels equal to 389 -James River Multifold:
2. Toilet Tissue 2 ply equal to Crown Soft Soft Plus roll:
3. Disposable toilet seat covers equal to 46 -SC James River
4. Paper towels equal to Optima 725 2 ply roll:
5. Hand soap:
6. Head/body Shampoo:
7. Flat urinal screens:
8. Trash bag plastic liners:
24x24 (6 mic)
30x37 (10 mic)
40x48 (12 mic)
H. Building Size
1. City Hall (main floor).
2. City Hall (terrace level)
City of Cupertino
2011 Contractual
Janitorial Services
10 cases
3 cases
2 cases
4 case
3 gal.
1 gal.
1 Dozen
1 case
1 case
3 cases
11,520 Sq. Ft.
8,300 Sq. Ft.
LL - 2
CITY HA
Project No. 2011 -01
Community/ Hall
10350 Torre Ave. Cupertino, Ca. 95014
The following services for the Community Hall are to be performed:
• Days for service will be (7) seven days.
• Hours for service will begin after 11:00 p.m. or when building is vacated, (which ever is later) and to be
completed by 6:00 a.m.
• Tuesday night before 5:00 p.m. clean restrooms in addition to the normal night cleaning.
A. DAILY SERVICES
1. Dust and spot clean all furniture.
2. Empty trash/ recycling/ compost containers.
3. Pickup Litter and debris.
4. Sweep and damp mop hard surface floors. Remove any rr.atter that has adhered to the floor.
5. If matter cannot be removed, notify Facility Supervisor.
6. Vacuum entrance mats and carpeted areas.
7. Spot clean all metal trim work, door frames, thresholds, entry push plates and light switches to remove all finger
prints, spills and any other marking.
8. Wash all glass surfaces on entrance doors both sides.
9. Clean and sweep outside entrance to the lobby area.
10. Clean outside smoking urns (replacement sand provided by city). Empty trash receptacle.
11. Spot clean wood paneling all smudges and fingerprints to six (6) feet high. (Only clean with Pledge or City
approved equal.)
12. Pick up litter and debris.
13. All floors will be spray buffed as needed.
14. Dust and clean Dais (City will approve all cleaning materials prior to use.)
15. Vacuum stage area.
16. Dust around all baseboards, ledges, picture frames and moldings.
17. Wipe and clean all leather furniture with City approved leather cleaner.
18. All cardboard boxes to be folded and placed in the cardboard recycling area located at trash enclosure in the
parking lot.
19. All recyclable items must be kept separated and disposed in designated area located at trash enclosure in the
parking lot.
20. Trash shall be collected and placed in designated area. Contractor will provide means to transport the trash to
enclosure in parking lot.
21. Maintain trash enclosures in parking lot.
22. Lock all doors, windows and shut off lights except for security lighting. Set alarms as instructed.
23. Wash interior and exterior lobby doors and side panels.
WEEKLY SERVICES
Remove cobwebs.
Scrub and refinish floors with a germicide cleaner.
MONTHLY SERVICES
1. Wash interior and exterior lobby doors and side panels.
2. Edge vacuum carpeting.
3. Dust and clean furniture.
4. Dust all baseboards, ledges, picture frames, moldings, depositories and window frames.
5. Spot clean all non -wood wall surfaces to six feet.
6. Clean main lobby windows.
City of Cupertino
2011 Contractual
Janitorial Services COMMUNITY HALL - 1
Project No. 2011 -01
QUARTERLY SERVICES
(Dates to be approved by City)
1. Vacuum upholstered furniture.
2. Completely clean wood paneling, with pledge or City approved equal.
3. All carpet areas to be extracted.
4. Strip and wax Kitchen floor
Semi - Annual Services
(Dates to be approved by City)
1. Wash all windows and screens inside and out.
B. Restrooms
DAILY SERVICES (INCLUDING TUESDAY AFTERNOONS)
1. Empty, wipe clean and sanitize all waste/ recycling / compost receptacles.
2. Replenish supplies: towels, tissue, soap and seat covers, etc. Report any dispensers that are damaged and not
working
3. Thoroughly sweep and damp mop floors with disinfectant.
4. Check all floor drains for foul odors; pour disinfectant in drains as needed.
4. Clean, disinfect and sanitize seats, bowls and urinals; all surfaces to be wiped dry.
5. Replace urinal flat screens as needed.
7. Clean and sanitize basins wipe dry.
8. Spot wash partitions doors, partition stalls and walls and remove all graffiti.
9. Clean and polish mirrors, shelves and bright work.
10. Damp wipe and dry all ledges.
11. Check floor drains for odors. Pour clean water down all floor drains.
12. Clean and sanitize faucets and other surfaces with disinfectant.
WEEKLY SERVICES
1. Machine scrub floors with germicide cleaner
2. Clean and sanitize tile walls
MONTHLY SERVICES
1. Dust light fixtures above the washbasins.
2. Wash all pipes under basins.
3. Restroom tile floors will be machine scrubbed and waxed
QUARTERLY SERVICES
7. Perform high dusting and vacuum vents.
C. Special Provisions
Any problems or irregularities (i.e. damaged items, vandalism, burglaries, etc.) discovered while servicing the
building will be reported to the Facility Maintenance Supervisor immediately.
A supervisor /working foreman is required on site during the working hours with the rest of the janitorial staff and
must be English speaking.
This building is rented out for Special Events such as weddings, parties and meetings for private groups and
organizations. These events will be considered normal us(: for this building.
City of Cupertino
2011 Contractual
Janitorial Services
COMMUNITY liALL - 2
Project No. 2011 -01
D. Janitor's Closet
1. Maintain all janitors' closets in a clean and orderly manner.
2. Empty all mop buckets, leaving no standing water.
3. Rinse and hang all mops hooks.
4. Remove all debris from closets.
F. Areas Not Serviced
1. Electrical Room.
2. Telephone Room.
N. Estimated Monthly supplies provided by contractor
1. Hand towels equal to 389 -James River Multifold:
3 cases
2. Toilet tissue equal to 2 ply Crown Soft Plus roll:
3 cases
3. Disposable toilet seat covers equal to 46 -SC James River:
1 case
4. Hand soap:
3 gal
5. Flat urinal screens:
2
7. Plastic trash bag liners:
24x24 (6 mic):
1 case
40x48 (12 mic):
1 case
8. Pledge or City approved equal to be used on wood surfaces:
6 cans
O. Building Size
1. Community Hall: 6,000 Sq. Ft.
City of Cupertino
2011 Contractual
Janitorial Services COMMUNITY HALL - 3
Project No. 2011 -01
Creekside Park
10455 Miller Ave. Cupertino, Ca. 95014
The following services shall be performed after I l :OOPM and before 6:OOAM, or when building is vacated, (which
ever is later), seven (7) days a week, Monday through Sunday.
A. Dailv Services
1. Clean windows and doorknobs on all doors.
2. Spot clean all walls, doorframes, and light switches.
3. Dust mop and then damp mop concrete floors.
4. Empty and clean waste/ recycling/ compost receptacles, bag and take to Service Center for disposal.
5. Empty recyclable containers, bag and take to Service Center and put in appropriate bins.
5. Clean and sanitize outside of refrigerators, stovetops, microwave, scrub, clean sink, all counters and cabinets.
6. Clean and sanitize all tables, counter tops and chairs (chairs that are in use, not stacked).
7. Re -fill paper towels and soap dispenser.
8. A lead person must be on site at all times that can read and speak English.
9. Lock doors and windows shut off lights and set alarms as instructed.
B. Weekly Services
1. Dust wall fixtures, tops of door and window frames, corners and baseboards.
C. Monthly Services
1. Dust light fixtures.
2. Wipe and vacuum all air vents.
D. Semi Annual Services
(Dates to be approved by City)
Wash thoroughly, and disinfect all tables, plastic chairs.
Wash windows and screens.
Clean all hanging light fixtures.
Remove all light covers throughout building and clean.
E. Special Provision
1. This building is used for Special Events, such as weddings, parties and meetings for private groups and
organizations. These events will be considered normal use of this building.
F. Estimated Monthly Janitorial Supplies Provided by Contractor
1. Hand towels equal to 389 -H James River Multifold: 2 cases
2. Hand soap: 1 gal
3. Trash bag plastic liners:
24x24 (6 mic) 1 case
40x48 (12 mic /clear) 1 case
G. Building Size
1. Creekside Park. 1,000 Sq. Ft.
City of Cupertino
2011 Contractual
Janitorial Services
CREEKSIDE PARK - 1
Project No. 2011 -01
Library
10800 Torre Ave. Cupertino, Ca. 95014
The following services are to be performed after 10:00 PM and before 6:00 AM, seven (7) days a week.
Please note the following:
• County Library will provide all of the paper and plastic products.
• Janitorial Contractor will provide all cleaning products, urinal flat screens, and cleaning equipment
(vacuums, mops, etc.) in order to perform all cleaning services.
A. All Common Areas
Lobby, Reception Area, Offices, Work Stations, Stairways, Study Rooms, Book Rack Areas
DAILY
1. Vacuum and spot clean all carpet areas
2. Clean all doormats, inside and outside.
3. Dust and clean vertical surfaces including chairs.
4. Dust window sills, ledges, flat surfaces, moldings, pictures and depositors.
5. Clean spots and marks from all doors, walls and light switches.
6. Dust and clean handrails.
7. Sweep and damp mop hard surface flooring (use apprcpriate cleaner).
8. Mop, granite polished floor with Clean Source Daily Cleaner /Conditioner or approved equivalent.
9. Sweep exit stairs.
10. Empty all waste/ recycling/ compost containers and change liners.
11. Empty and clean all ashtrays /trash receptacles, directly outside building doors.
12. Clean partitions, doors and castings.
13. Clean glass tops with glass cleaner.
14. Remove fingerprints from door glass, walls and partitions.
15. Properly arrange office furniture.
16. All cardboard boxes that are folded and placed in the designated area by the customer. Place in the trash
enclosure in the parking lot.
17. Dust tops of all bookracks.
18. Keep all access doors to suites locked while cleaning.
19. Lock designated doors upon completion of work.
20. Leave only designated night- lights on.
21. A lead person must be on site at all times that can react and speak English.
WEEKLY
1. Remove cobwebs.
2. Wash interior and exterior lobby doors and side panels.
3. Clean Telephones.
4. Sweep exit stairs, Tuesday nights.
5. Dust /sweep under book bins.
6. Buff polished granite floor with terry cloth bonnet.
7. Wipe clean outside stainless steel book drop surfaces.
8. Edge vacuum carpeting.
MONTHLY
1. Edge vacuum carpeting.
2. Dust all baseboards, ledges, picture frames, moldings, depositories and windows.
3. Spot clean all wall surfaces to six feet including light switches.
4. Clean and dust light fixtures on top of bookracks.
City of Cupertino
2011 Contractual
Janitorial Services LIBRARY - 1
Project No. 2011 -01
QUARTERLY
1. Vacuum upholstered furniture.
2. Machine - scrub, strip wax tile / VCT floors.
3. Do all high dusting i.e. Door frames, tops of partitions and wall corners.
4. Clean wall and ceiling vents, grills, and HVAC diffusers.
5. Dust sills, ledges, flat surfaces, moldings and pictures.
6. Clean all baseboards.
7. Polish furniture.
8. Wash all internal glass windows and partitions.
9. Extract all carpets.
B. AQUARIUM
DAILY
1. Clean fingerprints and smudges on front Plexiglas of aquarium. (Note: use only Plexiglas cleaner and cloths
provided by the City)
C. ELEVATORS
DAILY
1. Clean and vacuum floors and walls.
2. Vacuum door tracks.
3. Clean elevator doors an all floors.
4. Wipe and polish switch plastics.
5. Wipe all stainless with polish.
6. Keep elevator thresholds clean.
7. Spot clean carpeted floors and walls.
QUARTERLY
Dust interior of light plastics.
D. RESTROOMS
DAILY
1. Empty, wipe clean and sanitize all receptacles and d.spose of trash.
2. Replenish supplies: towels, tissue, soap, seat covers, etc. Report any damaged dispensers to the Facility
Maintenance Supervisor.
3. Thoroughly sweep and damp mop floors with disinfectant.
4. Clean, disinfect and sanitize seats, bowls and urinals; all surfaces to be wiped dry. Replace urinal flat
screens and urinal as needed.
5. Clean and sanitize basins and wipe dry.
6. Spot -wash doors, partitions, stalls and walls. Remove graffiti.
7. Clean and polish mirrors, shelves and bright work.
8. Damp wipe and dry all ledges.
9. Check floor drains for foul odors. Pour water down drains daily.
10. Clean and sanitize faucets and other surfaces with disinfectant.
11. County Library will fill and maintain all feminine products machines.
City of Cupertino
2011 Contractual —
Janitorial Services LIBRARY — 2
Project No. 2011 -01
WEEKLY
1. Machine Scrub floors with germicide cleaner.
2. Clean and sanitize tile walls.
MONTHLY
1. Dust light fixtures above wash basins.
2. Wash pipes under basins and other fixtures.
QUARTERLY
1. Perform high dusting and vacuum vents.
E. EMPLOYEES LUNCH ROOM
DAILY
I . Clean and refill all hand towels dispensers.
2. Clean interior and exterior of microwave ovens.
3. Sweep and damp mop floors.
4. Wipe tables and chairs.
5. Clean countertops and cabinets doors.
6. Clean and polish sinks.
7. Clean outside of vending machines and refrigerator.
8. Arrange tables and chairs.
9. Turn off coffeepot burners at end of service day.
WEEKLY
1. Wash and disinfect trashcans.
MONTHLY
1. Strip and wax VCT floors.
F. CENTER COURTYARD
DAILY
1. Pick up all litter and debris.
2. Empty trash containers.
3. Clean tabletops, chairs and benches.
G. FLOOR MAINTENANCE
1. All VCT floors will be spray- buffed as needed.
2. Bathroom tile floors will be machine - scrubbed weekly.
3. All VCT floors will be stripped and waxed monthly.
4. All non -wax floors will be damp- mopped as needed.
5. Machine scrub all stone and tile floors ever quarter.
City of Cupertino
2011 Contractual
Janitorial Services
LIBRARY- 3
Project No. 2011 -01
H. Trash
1. All articles marked, as trash will be removed.
2. Clear plastic liners will be used for security.
3. All cardboard boxes are to be folded and placed in trash enclosure located in parking lot.
4. Recyclable items will be kept separate and disposed in trash enclosure located in parking lot.
5. Trash that is collected will be placed in dumpster in trash enclosure located in parking lot.
6. Contractor will provide means to transport trash to bins located outside of the building.
I. Security
1. Follow appropriate procedures for checking in and out of buildings.
2. Report any security problems immediately to the Facility Maintenance Supervisor.
3. Use clear plastic liners, which can be checked.
4. Clean secured areas upon special arrangements.
5. All interior doors shall be closed and locked as required. Lock all exit doors and windows, shut off lights and
set alarms as instructed.
J. Carpet Cleaning
1. All carpeted areas will be extracted 3 times a year (Dates to be determined by the City).
K. Windows
Exterior windows (inside, outside and internal glass) will be washed 3 times per year. Date to be determined
by the City.
2. The lobby windows will be cleaned monthly at no additional charge.
3. Wash glass doors daily.
4. Wash all internal glass once per week.
5. Remove hard water stains upon request at an additional charge.
L. Special Services
1. A supervisor /working foreman is required on site during the working hours with the rest of the janitorial staff
and must read and speak English.
M. Recycling
Daily
1. Recycle all paper, boxes, cans and bottles and place in recycling container located in trash enclosure in
parking lot.
N. Janitors Closet
Daily
1. Maintain janitor closet in a clean and orderly manner.
2. Empty all buckets, leaving no standing water.
3. Rinse and hang all mops on hooks.
4. Remove all debris from closet.
City of Cupertino
2011 Contractual
Janitorial Services LIBRARY - 4
Project No. 2011 -01
O. Areas Not Serviced.
1. Electrical Room.
2. Telephone Room.
3. Aquarium equipment Room.
P. Supplies provided by County Library
1. All paper, plastic products and hand soaps.
Q. Estimated monthly supplies provided by contractor
1. Stainless steel cleaner and polish. 1 case
2. Stone and tile PH neutral cleaner. 2 gal
3. Flat urinal screens: I dz. (quarterly)
4. Clean Source Daily Granite Cleaner /Conditioner 2 gal
R. Building Square Footage
1. First Floor: 31,400 sq. ft.
2. Second floor: 22,000 sq. ft.
53,400 sq. ft.
City of Cupertino
2011 Contractual
Janitorial Services
LIBRARY- 5
Project No. 2011 -01
McClellan Ranch Building & Museum
22221 McClellan Rd. Cupertino, Ca. 95014
The following services will be performed after 11:00 PM or when vacated (which ever is first) before 6:00 AM, three
(3) days a week, Monday, Wednesday and Friday.
Daily Services
1. Vacuum and spot clean carpets.
2. Dust mop and wet mop all tile floors.
3. Empty and clean all waste/ recycling / compost receptacles.
4. Waste/ recyclables/ compost are to be kept separate and placed in the proper location for disposal.
5. Dust all furniture including counter tops, windowsills, wooden benches and baseboards.
6. Scrub and disinfect all sinks, commodes and urinals.
7. Mop floors using disinfectant solution.
8. Clean and polish fixtures, dispensers and wipe mirrors.
9. Replace urinal flat screens, when needed. Replenish soap, toilet paper, toilet seat covers and paper towels in
dispensers.
10. Scrub kitchen sink, clean counter, outside of refrigerator and stovetop.
11. Additional supply of soap, toilet tissue, toilet seat covers and paper products will be stored at this location.
12. Secure all exit doors and set alarm when leaving building.
13. Site Janitorial Supervisor /Working Foreman must speak and read English. Must be available during working
hours.
Weekly Services
1. Wet mop and buff all tile floors on both levels.
2. Spot clean all walls, doors and doorframes for fingerprints and smudges.
Monthly Services
1. Spot clean all walls, doors and doorframes for fingerprints and smudges.
2. Strip and wax all tile floors.
Semi - Annual
(Dates to be approved by the City)
1. Wash all windows inside and cut.
Annual Services
(Dates to be approved by the City)
In December, remove all plastic light covers and clean thoroughly of any debris.
Wash thoroughly and disinfect all tabletops, table legs and chairs.
Extract clean all carpets (date to be scheduled by City)
Estimated Supplies provided by Janitorial Contractor
1. Paper Hand Towels equal to 389 —James River Multifold: I case
2. Toilet paper 2 ply equal to Crown soft Plus roll tissues: 1 case
3. Disposable toilet seat covers equal to 250 count,
46 — SC James River: 1 case
City of Cupertino
2011 Contractual
Janitorial Services MCCLELLAN RANCH BUILDING &
MUSEUM - 1
Project No. 2011 -01
4. Kitchen paper towels, equal to Optima 725 (30 rl/cs): 1 case
5. Hand soap: 1 gal.
6. Plastic trash can liners:
24x24 (6 mic): 1 case
40x48 (12 mic /clear): 1 case
Building Size
1. Main Building: 1,405 sq. ft.
2. Museum 836 sq. ft.
City of Cupertino
2011 Contractual
Janitorial Services
MCCLELLAN RANCH BUILDING &
MUSEUM - 2
Project No. 2011 -01
Monta Vista Recreation & Preschool Buildings
22601 Voss Ave. Cupertino, Ca. 95014
The following services are to be performed after 11:00 PM or when vacated (which ever is later) and before 6:00 AM,
seven (7) days a week, Monday through Sunday.
Daily Services
1. Vacuum and spot clean carpets.
2. Clean all doormats, both inside and outside.
3. Dust mop all tile floors.
4. Empty and clean all waste/ recyclable/ compost receptacles.
5. Waste/ recyclables and compost are to be kept separate and placed in the proper location for disposal.
6. Dust all furniture including counter tops, windowsills, wooden benches and baseboards.
7. Scrub kitchen sink, clean outside of refrigerator, microwave, counter tops and stovetop.
8. Scrub and disinfect all sinks, commodes and urinals. Mop floors using disinfectant solution. Clean and
polish fixtures, dispensers and wipe mirrors and mirrored wall. Replace urinals flat screens. Replenish soap
toilet paper, toilet seat covers and paper towels in dispensers.
9. Check floor drains for foul odors; pour disinfectant i 7 drains as needed.
10. Additional supplies of soap, paper towels, toilet seat covers and toilet tissue will be stored in this location.
11. Secure all exit doors when leaving building.
12. A lead person must be on site at all times that can read and speak English.
13. Site Janitorial Supervisor /Working Foreman must speak and read English. Must be available during
working hours.
14. All interior doors shall be closed and locked as required and lights turned off. Lock all exit doors and
windows, shut off lights and set alarms as instructed.
Weekly Services
Mop and buff all the floors.
Dust windowsills and counters.
Monthly Services
Spot clean all walls for fingerprints and smudges.
Strip and wax all tile floors.
Semi Annual Services
(Dates to be approved by City)
1. Wash all windows inside and out.
2. Wash thoroughly and disinfect all tabletops, table legs, and chairs.
3. Shampoo area rugs in pre- school, using extraction method only.
Annual Services
(Dates to be approved by City)
In December, remove all plastic light covers and clean thoroughly of any debris.
Shampoo all carpets using extraction method only (Dates to be determined by City).
City of Cupertino
2011 Contractual
Janitorial Services
MONTA VISTA RECREATION &
PRESCHOOL BUILDINGS - 1
Project No. 2011 -01
Special Provision
1. This building is rented out for Special Events such as weddings, parties and meetings for private groups and
organizations. These events will be considered normal use for this building.
Estimated Supplies provided by Janitorial Contractor
1. Paper hand towels equal to 389 — James River Multifold:
2. Toilet paper 2 ply equal to Crown soft plus roll tissue:
3. Disposable toilet seat covers equal to 250 count,
46 — SC James River:
4. Hand soap:
5. Sanitary bags (wax):
6. Urinal flat screens:
7. Plastic trash can liners:
24x24 (6 mic):
40x48 (12 mic /clear):
Building Size
Pre - School Building Square Footage
Main Building Square Footage
7 cases
3 cases
1 case
2 gals.
1 cc
1 doz.
1 case
1 case
1,308 sq. ft
10,345 sq. ft.
City of Cupertino
2011 Contractual
Janitorial Services MONTA VISTA RECREATION &
PRESCHOOL BUILDINGS - 2
Project No. 2011 -01
Park Restrooms
Various Locations
The following services are to be performed after dusk and before 2:OOAM. Locking of doors, windows and gates to
occur within one hour of dusk. Services are seven (7) days a week, Monday through Sunday.
Notice: Do not drive vehicles on footpaths in the parks.
A. Daily Cleaning
1. Empty, wipe clean, and sanitize all receptacles, bag trash and take to Service Center for disposal.
2. Replenish supplies: towels, tissue, soap, seat covers, etc.
3. Report any damaged or non - operational dispensers. Report any vandalism or graffiti.
4. Thoroughly sweep and damp mop floors with disinfectant.
5. Scrub and disinfect sinks, commodes and urinals; all surfaces to be wiped dry.
6. Clean with disinfectant all faucets and under basin piping.
7. Spot clean all walls, partitions, doorframes and light switches.
8. Damp wipe and dry all ledges.
9. Check floor drains for foul odors; pour disinfectant in drains as needed.
10. Remove cobwebs.
11. Sweep entrance to restroom area.
12. Lock all doors, windows and shut off lights. (At Linda Vista Park, close and lock entrance gate.)
B. SUPPLIES
1. The City provides paper towels, toilet paper and hands soaps.
2. Supplies are kept at Service Center warehouse, janitorial company will pickup
supplies and replenish the park restrooms.
C. ESTIMATED MONTHLY SUPPLIES PROVIDED BY JANITORIAL CONTRACTOR
I . Disposable toilet seat covers equal to 46 -SC James River: 2 cases
2. Urinal flat screens: '/2 dz
3. Plastic trash can liners:
3007 (10 mic) 3 cases
D. RESTROOM SITES
Creekside Park —
Jollyman Park -
Linda Vista Park -
McClellan Ranch Park -
Memorial Park -
(2- Restroom Facilities)
Monta Vista Rec. Center -
(Outside Restrooms)
Portal Park -
(Outside Restrooms)
Wilson Park -
(2- Restroom Facilities)
City of Cupertino
2011 Contractual
Janitorial Services
10455 Miller Ave.
Dumas Dr. @ Jollyman Rd.
Linda Vista Dr.
22221 McClellan Rd.
21121 Stevens Creek Blvd.
22601 Voss Ave.
19810 Portal Ave.
19784 Wintergreen Dr.
PARK RESTROOMS — 1
Project No. 2011 -01
Portal Park Building
19810 Portal Rd. Cupertino, Ca. 95014
The following services are to be performed after 11:OOPM and before 6:OOAM, five (5) days a week, on Sunday
through Thursday. Portal Park building is closed Saturday and Sunday.
A. Daily Services
1. Vacuum entrance mats
2. Dust mop and wet mop all tile floors.
3. Empty and clean all waste/ recycling / compost receptacles.
4. Waste and recyclables are to be kept separate and placed in the proper location for disposal.
5. Dust all furniture including counter tops, windowsills, wooden benches and baseboards.
6. Scrub sink, clean outside of refrigerator, counter tops and stovetop.
7. Secure all exit doors when leaving building.
8. A lead person must be on site at all times that can read and speak English.
B. Weekly Services
1. Spot clean all walls, doors and doorframes.
2. Buff tile floors.
C. Monthly Services
1. Strip and wax all tile floors.
D. Semi - Annual
(Dates to be approved by the City)
1. Wash all windows inside and out.
E. Annual Services
(Dates to be approved by the City)
1. In December, remove all plastic light covers and clean thoroughly of any debris.
2. Wash thoroughly and disinfect all tabletops, table legs and chairs.
F. Estimated supplies provided by Janitorial Contractor
1. Paper hand towels equal to 389 -James River Multifold: 1 case
2. Hand soap: 1 gal
3. Plastic trash can liners:
24x24 (6mic): 1 case
40x48 (12 mic /clear) 1 case
G. BUILDING SQUARE FOOTAGE
1. Portal Park Building: 1,308
City of Cupertino
2011 Contractual
Janitorial Services
PORTAL PARK BUILDINGS - 1
Project No. 2011 -01
Quinlan Community Center
10185 N. Stelling Rd. Cupertino, Ca. 95014
The following services shall be performed after I I :OOPM and before TOOAM, or when building is vacated (which
ever is later), seven (7) days a week, Monday through Sunday.
A. Dailv Services
1. Clean brass, windows and doorknobs on all entrance doors.
2. Spot clean all walls, doors, doorframes, and light switches.
3. Dust mop and then damp mop all tile floors.
4. Dust mop all hardwood floors throughout.
5. Dust all furniture including cabinets, counter tops and windowsills, etc.
6. Empty and clean all ashtrays directly outside building doors.
7. Empty and clean waste/ recycling/ compost receptacles, put trash in appropriate bin in trash enclosure located
near kitchen.
8. Empty recyclable containers and put them in the appropriate bins located at trash enclosure, near kitchen.
9. Maintain trash enclosure in a clean orderly manner; pick up loose paper and debris.
10. Clean and sanitize outside of refrigerators, freezers, stovetops, dishwasher, ice machine, microwave and all
counters.
11. Vacuum and spot clean all carpeted areas.
12. Clean all doormats, both inside and outside.
13. Scrub and disinfect sinks, commodes and urinals. Mop floors using disinfectant solution. Clean and polish
fixtures dispensers and clean mirrors. Replenish soap, toilet paper, toilet seat covers and paper towels in
dispensers. Polish all chrome dispensers.
14. Check all floor drains for foul odors; pour disinfectant in drains as needed.
15. Additional supplies of soaps, paper towels, toilet seat covers and toilet tissue shall be stored at this location.
16. Clean and sanitize all tables, counter tops and chairs (chairs that are in use, not stacked).
17. Clean all white boards and chalk boards.
18. Maintain all janitors' closets in a clean and orderly manner.
19. A lead person must be on site at all times that can read and speaks English.
20. Lock doors, windows and shut off lights and set alarms as instructed.
B. Weekly Services
1. Dust wall fixtures, tops of door and window frames, corners and baseboards.
2. Clean and polish office furniture.
3. Clean and sanitize telephones.
4. Vacuum fabric furniture & spot clean.
5. Clean and disinfect partitions in Restrooms.
6. Vacuum edges and corners.
7. Damp mop and clean all hardwood floors, with Surtec Hee.yy Duty Cleaner
8. Scrub and buff craft room floor.
C. Monthly Services
1. Damp wipe plastic and leather furniture.
2. Dust blinds.
3. Vacuum drapes.
4. Dust light fixtures.
5. Vacuum all air vents.
6. Clean all wood floors with Surtec Heavy Duty Cleaner and finish with Surtec Hi Solids Floor Finish.
7. Extract Cupertino & Social Room carpet.
City of Cupertino
2011 Contractual
Janitorial Services QUINLAN COMMUNITY - I
Project No. 2011 -01
8. Strip and wax all vinyl floors in Day Care and Craft Rooms.
9. Machine scrub with germicide cleaner all bathroom floors.
D. THREE TIMES A YEAR SERVICES
(Dates to be approved by City)
1. Wash all windows inside and out.
2. Extract carpets in Social Room.
E. QUARTERLY SERVICES
(Dates to be approved by the City)
1. Wet mop, strip and reseal all tile floors.
2. Extract area rugs in Pre School.
3. Strip and reseal all hardwood floors with Surtec Ultra Stria Super Concentrate and Surtec Hi Solids Floor Finish.
F. SEMI ANNUAL SERVICES
(Dates to be approved by the City)
1. Wash/scrub thoroughly, and disinfect all tables, plastic chairs.
2. Clean all hanging light fixtures.
3. Remove all light covers throughout building and clean.
4. Shampoo /extract all carpets. (Dates to be determined by City.)
G. SPECIAL PROVISION
1. This building is rented out for special events such as weddings, parties and meetings or private groups and
organizations. These events will be considered normal use for this building.
H. ESTIMATED MONTHLY SUPPLIES - PROVIDED BY JANITORIAL CONTACTOR
1. Paper towels equal to 389 -H James River Multifold:
20 cases
2. Toilet paper equal to 2 ply Crown -Soft Plus roll tissues:
6 cases
3. Disposable toilet seat covers -equal to 46 -SC James River:
1 case
4. Urinal flat screen:
1 dz.
5. Liquid soap, mild abrasive:
6 gals.
6. Plastic trash bag liners:
24x24 (6 mic):
1 case
40x48 (12 mil/clear):
4 cases
7. Surtec FP 575 Hi solids floor finish:
2 gals.
8. Surtec ST 237 Ultra strip super conc.:
1 gal.
9. Surtec HC 150 Heavy Duty Cleaner:
2 gals.
I. Building Size
1. Quinlan Community Center. 27,135 Sq. Ft.
City of Cupertino
2011 Contractual
Janitorial Services
QUINLAN COMMUNITY - 2
Project No. 2011 -01
Senior Center
21251 Stevens Creek Blvd. Cupertino, Ca. 95014
The following services shall be performed after 11:OOPM and before 6:00 AM, or when building is vacated (which
ever is later), seven (7) days a week, on Monday through Sunday.
A. Daily Services
1. Clean brass, windows and doorknobs on all entrance doors.
2. Spot clean all walls, doors, doorframes, and light switches.
3. Dust mop and then damp mop all tile floors.
4. Dust mop all hardwood floors throughout.
5. Dust all furniture including cabinets, counter tops and windowsills, etc.
6. Empty and clean all ashtrays directly outside building doors.
7. Empty and clean waste\ recycling\ compost receptacle:i.
8. Empty recyclable containers and put in them in the appropriate bins, in the trash enclosure in parking lot.
9. Clean and sanitize outside of refrigerators, freezers, stovetops, dishwasher, ice machine, microwave and all
counters.
10. Vacuum and spot clean all carpeted areas.
11. Scrub and disinfect sinks, commodes and urinals. MoT floors using disinfectant solution. Clean and polish
fixtures dispensers and clean mirrors. Replenish soap, toilet paper toilet seat covers and paper towels in
dispensers. Polish all chrome dispensers.
12. Check all floor drains for foul odors; pour disinfectant in drains as needed.
13. Clean and sanitize telephones.
14. Additional supplies of soaps, paper towels, toilet seat covers and toilet tissue shall be stored at this location,
(Large janitorial Closet).
15. Clean and sanitize all tables, counter tops and chairs (chairs that are in use, not stacked).
16. Dust computer monitors in computer lab.
17. Clean all white boards
18. Maintain janitors closets in a clean orderly manner
19. A lead person must be on site at all times that can read and speaks English.
20. Lock doors, windows and shut off lights and set alarms as instructed.
21. Dust computer monitors in computer lab.
B. Weekly Services
1. Dust wall fixtures, tops of door and window frames, corners and baseboards.
2. Clean and polish office furniture.
3. Vacuum fabric furniture & spot clean.
4. Clean and disinfect partitions in Restrooms.
5. Vacuum edges and corners.
6. Damp mop and clean all hardwood floors with Surtec Heavy Duty Cleaner.
C. Monthly Services
1. Damp wipe plastic and leather furniture.
2. Dust blinds.
3. Vacuum drapes.
4. Dust light fixtures.
5. Vacuum all air vents.
6. Clean all wood floors with Surtec Heavy Duty Cleaner and finish with Surtec Hi Solids Floor Finish.
7. Machine scrub restroom floors with germicide cleaner.
8. Machine scrub Kitchen floor.
City of Cupertino
2011 Contractual
Janitorial Services
SENIOR CENTER - 1
Project No. 2011 -01
D. Three times a year Services
(Dates to be approved by City)
1. Wash all windows and screens inside and outside.
E. Ouarterly Services
(Dates to be approved by City)
1. Strip and reseal all VCT, Tile and Vinyl floors.
2. Strip and reseal all hardwood floors with Surtec Ultra Strip Super Concentrate and Surtec Hi Solids Floor
Finish.
3. Shampoo all carpets using extraction method only. (Date to be determined by the City)
F. Semi Annual Services
(Dates to be approved by the City)
1. Wash thoroughly, and disinfect all tables, plastic chairs.
2. Clean all hanging light fixtures.
3. Remove all light covers throughout building and clean.
G. Annual Services
(Dates to be approved by the City)
In August, there will be a detailed clean up of building. Strip and wax all floors, shampoo /extract all carpets.
Complete cleaning of all windows, screens, inside and out. Wipe down of all woodwork.
H. Special Provisions
This building is rented out for special events such as weddings, parties and meetings for private groups and
organizations. These events will be considered normal use for this building.
I. Estimated monthly supplies provided by Contractor
1. Paper towels equal to 389 -H James River Multifold:
2. Toilet paper equal to Crown -Soft Plus roll tissues:
3. Disposable toilet seat covers equal to 46 -SC James River:
4. Liquid soap, mild abrasive:
5. Urinal flat screens:
6. Sanitary bags, wax:
7. Plastic trash liners:
24x24 (6 mic):
30x37 (10 mic /clear):
40x48 (12 mic /clear);
8. Surtec FP 575 Hi Solids floor finish:
9. Surtec ST 237 Ultra strip super conc.:
10. Surtec HC 150 Heavy Duty Cleaner:
1. Building Size
1. Senior Center
10 cases
4 cases
1 case
3 gal
1 dz
1 case
1 case
1 case
3 cases
1 gal
'/2 gal
1 gal
15,500 Sq. Ft.
City of Cupertino
2011 Contractual
Janitorial Services SENIOR CENTER - 2
Project No. 2011 -01
Service Center
10555 Mary Ave. Cupertino, Ca. 95014
The following services will be performed after 11:00 PM and before 6:00 AM, six (6) days a week, Sunday through
Friday.
A. Daily Services
1. Clean sliding glass windows in lobby office area and front and rear entrance doors.
2. Clean and buff to a high shine ceramic tile in entryway.
3. Spot clean all walls, doors, doorframes, and light switches.
4. Dust mop and then damp mop all tile floors.
5. Dust all furniture including cabinets, counter tops and windowsills, etc.
6. Empty and clean all ashtrays directly outside building doors.
7. Empty and clean waste/ recycling/ compost receptacles.
8. Empty recyclable containers and put in them in the appropriate bins.
9. Scrub and clean kitchen sink, outside of refrigerator, counters, microwave, stovetop and tables.
10. Vacuum and spot clean all carpeted areas.
11. Scrub and disinfect sinks, commodes and urinals. Mop floors and clean showers using disinfectant solution.
Clean and polish fixtures dispensers and clean mirrors. Replace urinal deodorant screens, when needed.
Replenish soap, toilet paper, toilet seat covers and paper towels in dispensers. Polish all chrome dispensers.
12. Check all floor drains for foul odors; pour disinfectant in drains as needed.
13. Additional supplies of soaps, paper towels, toilet seat covers and toilet tissue shall be stored at this location.
14. Clean and sanitize all tables and chairs (chairs that are in use, not stacked).
15. A lead person must be on site at all times that can read and speaks English.
16. Lock doors and windows shut off lights and set alarms as instructed.
17. Clean and disinfect partitions in restrooms.
B. Weekly Services
1. Dust wall fixtures, tops of door and window frames, corners and baseboards.
2. Buff all tile floors, move furniture while buffing to clean under furniture.
3. Clean and polish office furniture.
4. Clean and sanitize telephones.
5. Vacuum fabric furniture & spot clean.
6. Scrub shower ceramic tile in bathrooms.
C. Monthly Services
1. Damp wipe plastic furniture.
2. Dust blinds.
3. Dust light fixtures.
4. Vacuum and wipe all air vents.
5. Clean door kick and hand plates with brass cleaner.
6. Machine scrub and seal all VCT floors.
D. Quarterly Services
(Dates to be determined by the City)
1. Wet mop, strip and reseal all tile floors.
2. Extract all carpet areas.
City of Cupertino
2011 Contractual
Janitorial Services
SERVICE CENTER - 1
Addendum No. 1 (April 26. 20111
Project No. 2011 -01
E. Semi Annual Services
(Dates to be determined by the City)
1. Wash thoroughly, and disinfect all tables, plastic chairs.
2. Wash all windows and screens.
3. Clean all hanging light fixtures.
4. Remove all light covers throughout building and clean.
F. Estimated monthly supplies provided by Contractor
1. Paper towels equal to 389 -H James River Multifold:
2. Toilet paper 2 ply equal to Crown -Soft Plus roll tissues:
3. Disposable toilet seat covers 46 -SC James River:
4. Flat urinal screen:
5. Hand soap:
6. Head and body shampoo:
7. Plastic trash can liners:
24x24 (6 mil):
40x48 (12 mil /clear):
8. Kitchen paper towels equal to Optima 725 2 ply roll:
G. Building Size
1. Service Center
City of Cupertino
2011 Contractual
Janitorial Services
10 cases
3 cases
1 case
1 dz
3 gal
1 gal
1 case
2 cases
3 cases
7,500 Sq. Ft.
SERVICE CENTER — 2
Project No. 2011 -01
Sports Center
21111 Stevens Creek Blvd. Cupertino, Ca. 95014
The following services are to be performed after 11:OOPM and before 6:OOAM, or when building is vacated (which
ever is later), seven (7) days a week, on Monday through Sunday.
A. Daily Services
1. Clean brass, windows and doorknobs on all entrance doors.
2. Spot clean all walls, doors, doorframes, and light switches.
3. Wipe down outside of refrigerator.)
4. Dust mop and then damp mop all tile floors.
5. Dust mop all hardwood floors throughout.
6. Damp mop rubber exercise flooring.
7. Dust all furniture including cabinets, counter tops and windowsills, etc.
8. Damp wipe exercise equipment and mats using antiseptic cleaning liquids.
9. Clean all mirrors in Aerobics /Yoga room and exercise area.
10. Empty and clean waste\ recycling\ compost receptacles. Change liners.
11. Empty recyclable containers and put in them in the appropriate bins, located in parking lot.
12. Vacuum and spot clean all carpeted areas.
13. Scrub and disinfect sinks, commodes and urinals. Mop f..00rs using disinfectant solution.
14. Clean and polish fixtures dispensers and clean mirrors. Replace urinal flat screens, as needed. Replenish soap,
toilet paper, toilet seat covers and paper towels in dispensers. Polish all chrome dispensers.
15. Check all floor drains for foul odors; pour disinfectant in drains as
16. Clean, polish and disinfect drinking fountains.
17. Dust and clean all handrails.
18. Sweep all stairways and maintain clear of obstacles.
19. Additional supplies of soaps, paper towels, toilet seat covers and toilet tissue shall be stored at this location.
20. Clean and sanitize all tables, counter tops and chairs (chairs that are in use, not
staked).
21. A lead person must be on site at all times that can read and speaks English.
22. Lock doors and windows, close outside gates, shut off lights and set alarms as
instructed.
B. Three times per week Services
(Monday, Wednesday and Friday)
1. Empty trash containers in patios and in- between tennis courts. (approx. 20 containers)
2. Take out wheeled recycle bins to trash enclosure. Replace empty bins.
C. Weekly Services
1. Dust wall fixtures, tops of door and window frames, corners and baseboards.
2. Clean and polish office furniture.
3. Clean and sanitize telephones.
4. Vacuum fabric furniture & spot clean.
5. Clean and disinfect partitions in Restrooms.
6. Vacuum edges and corners.
7. Damp mop and clean all hardwood floors with Surtec Heavy Duty Cleaner.
8. Machine scrub, clean and disinfect all tile in bathrooms and locker rooms.
9. Check air freshener in bathrooms and change as needed.
10. Clean rubber flooring in exercise area with Tuflex TC -1 Cleaner as per manufacture recommendation.
D. Monthly Services
1. Damp wipe plastic and leather furniture.
City of Cupertino
2011 Contractual
Janitorial Services
SPORTS CENTER -1
Project No. 2011 -01
2. Dust blinds.
3. Vacuum drapes.
4. Dust light fixtures.
5. Vacuum all air vents.
6. Clean tops of lockers.
7. Clean all hardwood floors with Surtec Heavy DuIy Cleane and finish with Surtec Hi Solids Floor Finish.
E. Three Times Per Year Service
(Dates to be approved by the City)
1. Wash all windows inside and outside.
F. Quarterly Services
(Dates to be determined by City)
1. Wet mop, strip and reseal all tile floors.
2. All common areas carpets (hallways, lobby and conference; rooms) will be shampooed/ extracted.
3. Strip and reseal all hardwood floors with Surtec Ultra Strit) Super Concentrate and Surtec Hi Solids Floor Finish.
G. Semi Annual Services
(Dates to be determined by the City)
1. Wash thoroughly, and disinfect all tables, plastic chairs.
2. Wash all windows and screens inside and outside.
3. Remove all light covers throughout building and clean.
H. Estimated Monthly Avera¢e_ us of supplies
1. Hand towels equal to 389 -H James River Multifold:
11 cases
2. Toilet paper equal to 2 ply Crown -Soft Plus roll tissues:
4 cases
3. Disposable toilet seat covers equal to 46 -SC James River:
I case
4. Liquid soap, mild abrasive:
3 gal
5. Headibody shampoo:
10 gal
6. Flat urinal screens:
1 dz
7. Sanitary bags (wax)
I case
8. Trash liners:
24x24 (6 mil):
Icase
40x48 (12 mil /clear):
5 cases
9. T.C. orange squeeze Air Freshen:
2 cans
10. Surtec FP 575 Hi Solids Floor Finish:
1 gal
11. Surtec ST 237 Ultra Strip Super conc.:
' /2 gal
12. Surtec HC 150 Heavy Duty Cleaner:
1 gal
13. Tuflex TC -1 Cleaner:
5 gal
I. Building Size
1. Sports Center
City of Cupertino
2011 Contractual
Janitorial Services
SPORTS CENTER —2
15,500 Sq. Ft.
Project No. 2011 -01
Wilson Park Building
19784 Wintergreen Dr. Cupertino, Ca. 95014
The following services will be performed after 11:00 PM and before 6:00 AM, five (5) days a week, Sunday through
Thursday.
A. Daily Services
1. Vacuum entrance mats
2. Dust mop and wet mop all tile floors.
3. Empty and clean all waste/ recycling/ compost receptacles.
4. Waste and recyclables are to be kept separate and brought to Service Center for proper disposal.
5. Dust all furniture including counter tops, windowsills, wooden benches and baseboards.
6. Scrub sink, clean outside of refrigerator, counter tops and stovetop.
7. A lead person must be on site at all times that can read and speak English.
8. Lock doors, windows, shut off lights and set alarms as instructed.
B. Weekly Services
1. Spot clean all walls, doors and doorframes.
2. Buff tile floors.
C. Monthly Services
1. Strip and wax all tile floors.
D. Semi Annual Services
(Dates to be approved by the City)
1. Wash all windows inside and cut.
E. Annual Services
(Dates to be approved by the City)
1. In December, remove all plastic light covers and clean thoroughly of any debris.
2. Wash thoroughly and disinfect all tabletops, table legs and chairs.
F. Estimated monthly supplies provided by Janitorial Contractor
1. Paper towels equal to 389 -H James River Multifold: 1 case
2. Hand soap: 1 gal
3. Plastic trash can liners:
24x24 (6mil): 1 case
40x48 (12 mil /clear) 1 case
G. Building Size
1. Wilson Park Building: 1,308 sq. ft.
City of Cupertino
2011 Contractual
Janitorial Services
WILSON PARK - 1
Project No. 2011 -01
Day Porter
The hours of service will be from 6:00 AM to 2:30 PM, five (5) days a week, on Monday through Friday.
The main responsibility of the Day Porter will be dusting at the Library Building but, when notified, would respond to
any janitorial request at buildings and other locations as described in this contract.
The Day Porter will need to have his own transportation and phone to respond to requests as needed.
City of Cupertino
2011 Contractual
Janitorial Services DAY PORTER - 1